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 testator’s 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 are.
They don’t remember their children and you’re able to show and prove this type of evidence by using medical records that will show this person has been diagnosed with dementia or has been diagnosed with Alzheimer’s. It may show they were suffering from 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 so because they did not have a full understanding of what it was they were doing.
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