How “Presumption of Testamentary Capacity” Impacts Florida Will Contests

A key legal hurdle to successfully contesting a will in Florida probate litigation is what the courts refer to as the presumption of testamentary capacity. Florida law requires a person making a will (i.e., the testator) be of “sound mind” at the time of execution. This is also known as “testamentary capacity.”

Critically, the testator only needs testamentary capacity at the time they execute the will. And when a will is later filed for probate, a Florida court will presume the testator had testamentary capacity when they signed the document. The burden is then on anyone contesting the will to prove the testator lacked testamentary capacity.

Doctor’s Opinion Not Enough to Invalidate Will Disinheriting Grandson

You might think that the presumption of testamentary capacity can be overcome by showing the testator suffered from a mental disorder or defect, such as dementia. But again, the law requires proof of incapacity at the moment of the will’s execution. There are in fact many cases where a court has found that someone suffering from an underlying mental condition was still lucid when they signed their will; or at the very least, there was insufficient evidence to overcome the general presumption of testamentary capacity.

A 2025 decision from the Florida Third District Court of Appeal, Reeves v. Gross, offers a useful illustration. This case involved the multi-million dollar estate of a man who died at the age of 100. The decedent’s only lineal heir was his grandson.

In 2019, the decedent signed his final will, which largely disinherited the grandson. According to the testator, he explained this decision by noting he had already made substantial gifts to the grandson during his lifetime. The will itself left most of the estate to charity.

The grandson subsequently contested the will, alleging his grandfather lacked testamentary capacity. More precisely, the grandson introduced evidence of his grandfather’s hospitalization and dementia. A medical expert retained by the grandson offered expert testimony that the decedent had likely suffered from this dementia at the time he executed the will.

The probate court held this evidence was insufficient to overcome the presumption of testamentary capacity and dismissed the will contest at summary judgment. The Third District affirmed that decision. Even if the expert witness “established the possibility that [the decedent] did not have testamentary capacity at the time he signed the will,” that was insufficient to “satisfy the heavy burden of overcoming” the presumption. Indeed, the estate introduced its own witnesses, including the attorney who drafted the will, who testified as to the decedent’s lucidity at the time of execution.

Contact a Davie Will Contest Lawyer

Contesting a will on grounds of lack of testamentary capacity requires more than a general sense that the testator was not of sound mind. There needs to be substantial evidence to overcome Florida’s presumption in favor of admitting an apparently valid will. If you need legal advice or representation in connection with this type of legal matter, our Davie will contests lawyers are here to help. Contact Valero Law today at 305-607-7011 to schedule a free consultation. We serve clients in Davie, Broward County, Coconut Grove and Miami-Dade County.

Source:

scholar.google.com/scholar_case?case=12353567835948420480