DAVID A. SILVERSTONE

 

FLORIDA PROBATE AND ESTATES LAWYER.

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The most important thing is to obtain positive results for each client at a reasonable cost. We offer affordable and efficient legal representation for all probate matters.

 

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Incompetency

Even without a showing of undue influence, a will may be challenged on the basis that the testator was mentally incompetent when the will was written and therefore “lacked testamentary capacity”.

In order to be legally competent to write a will, a person must have the “ability … to mentally understand in a general way the nature and extent of the property to be disposed of, and the testator’s relation to those who would naturally claim a substantial benefit from the will, as well as a general understanding of the practical effect of the will as executed.” 

Even if a person has been declared mentally incompetent, it could still be shown that he or she made their will during a “lucid interval”. 

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