Testamentary capacity refers to a person’s legal ability to make a valid will. In Florida, the law requires that the person understands the nature of drafting the will, the extent of their assets and the natural beneficiaries of their estate.
The person must also understand how these elements come together in the will they are signing. How can temporary health conditions impact testamentary capacity?
Temporary conditions and mental clarity
A temporary health condition does not automatically mean someone lacks capacity. What matters is the person’s mental clarity at the time the will is executed. Even if someone is suffering from an illness or taking medication, they may still have moments of lucidity. If a will is signed during one of these clear periods, it can still be valid.
For example, a person recovering from surgery might be confused for a few days but fully alert and aware when they meet with a witness to sign their will. Florida courts look closely at the evidence surrounding that moment. Medical records, witness testimony and other documentation can all be important.
Common conditions that may raise concerns
Short-term conditions that might affect testamentary capacity include high fever, medication side effects, infections or temporary cognitive issues like delirium. Each case is fact-specific. The focus is on whether the individual understood the key elements of the will at the time of signing, not whether they were perfectly healthy.
Florida courts apply a long-standing legal test to assess capacity. This test considers whether the individual understood what they were doing, what they owned and who should logically inherit. If you have questions about testamentary capacity, it may help to seek legal guidance.