Probate Disputes in Florida: Understanding Mental Capacity and Evidentiary Presumptions
Contesting a will is a common part of Florida probate law. One of the most frequent grounds for challenge is mental capacity. Generally, the argument is that the person who signed the will wasn’t mentally capable of making informed decisions about their estate. Proving this isn’t always easy because you have to show that the person didn’t understand critical information about their property, beneficiaries, and the consequences of their choices. Florida courts take contests based on mental capacity very seriously. Therefore, it is important to understand how mental capacity and evidentiary presumptions work.
Case Spotlight: Reeves v. Gross (2025)
In Reeves v. Gross, the Third District Court of Appeal addressed a probate dispute in which the validity of a will was challenged on grounds of the testator’s mental capacity. The court examined whether the decedent understood the nature of the will, the property involved, and the estate’s beneficiaries. Garth C. Reeves, Sr., executed a will at age 100, just weeks before he passed away. He left his entire estate to a charitable foundation and expressly disinherited his only grandson, Garth Basil Reeves.
Basil argued that his grandfather lacked testamentary capacity due to cognitive decline, stating that he did not understand the nature, extent, and impact of the document he executed. To support this, he presented an expert affidavit from a board-certified psychiatrist who reviewed medical records from before and after the will was signed. The psychiatrist concluded that the decedent was suffering from major neurocognitive disorder (dementia) with delirium at that time.
However, the personal representative moved for summary judgment, asserting that there were no genuine issues of material fact regarding the testator’s capacity and that the evidence showed that Garth, Sr. was lucid when he executed the will. To support the summary judgment motion, the personal representative submitted affidavits from witnesses who interacted with Garth Sr. around the time the will was signed. The witnesses testified that the decedent was alert and attentive, and possessed testamentary capacity at the execution meeting. The trial court granted summary judgment.
On appeal, the Third District affirmed the trial court’s decision. Florida law follows the presumption of testamentary capacity. This means that the law assumes an adult has the required mental capacity to make a will. To overcome that presumption, the contesting party must present clear and convincing evidence that the testator lacked capacity. The court noted that even serious cognitive impairments are not enough if the evidence doesn’t show a lack of capacity at the time the will was signed. Since Garth, Sr.’s own attorney and other parties attested he understood his assets, intentions, and family, the expert opinion wasn’t enough under the heavy burden required to overcome the presumption of capacity.
The Takeaway
This case highlights three important takeaways:
- Maintain records, medical notes, or witness statements to reduce future disputes
- Understand Florida’s presumptions when challenging a will because this shifts the burden to you
- How you frame a will contest can matter.
Contact Us for Legal Help
If you are facing a probate dispute or considering contesting a will, contact our Davie probate and estate litigation attorneys today by calling 305-607-7011. We serve clients in Davie, Broward County, Coconut Grove, and Miami-Dade County.
Source:
flprobatelitigation.com/wp-content/uploads/sites/837/2025/05/Opinion_2023-0856.pdf
