50 State Testamentary Capacity Project: Florida Testamentary Capacity Expert Definitions

In an effort to provide a better understanding for what testamentary capacity expert psychologists look for when forming opinions about whether the person had testamentary capacity in the execution of a will, trust, beneficiary designation, or other testamentary contractual document, I am highlighting the statutes, case law, and jury instructions specific to all 50 states. Each will be in its own blog post. Ninth up, Florida.

Florida Probate Code § 732.501

Any person who is of sound mind and who is either 18 or more years of age or an emancipated minor may make a will.

Hendershaw v. Estate of Hendershaw, 763 So. 2d 482, 483 (Fla. 4th DCA 2000)

Being of sound mind means 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 (citing in re: Coles’ Estate, 205 So.2d 554 (Fla.2d DCA 1968).

In re Witt's Estate, 139 So. 2d 904 (Fla. Dist. Ct. App. 1962)

Capacity is determined at the moment the testator executed the will.

McCabe v. Hanley, 886 So. 2d 1053, 1055 (Fla. 4th DCA 2004) 

An insane delusion is a spontaneous conception and acceptance as a fact of that which has no real existence, and is persistently adhered to in spite of all evidence and reason.