What is a Lack of Capacity?
The next type of influence involved in Florida trust and estate litigation is a Lack of Capacity. A lack of capacity refers to the testators and now decedent’s mental capacity at the time he or she signed the new will or trust.
Often in these situations the person who is executing the new will or trust doesn’t understand what they’re signing and that’s because they’re suffering from dementia or Alzheimer’s. They don’t remember all of their assets. They don’t remember who all of their beneficiaries properly all. They don’t remember their children often times. And you’re able to show and prove this type of evidence using medical records.
There are often times medical records that will show this person has been diagnosed with dementia or been diagnosed with Alzheimer’s or suffering with a damaged memory. These are the things we use to prove that the person that signed this will or this trust should not have done that because they did not have a full understanding of what it was they were doing.