Dedicated Probate Litigation Representation

The legal standard for the capacity to create a will is not a heavy burden. However, there are instances where a person will take advantage of another's mental issues in order to get him or her to change or create a will for the benefit of the unscrupulous person. Disgruntled family members may also wrongfully accuse another person of taking advantage of a loved one's decreased mental capacity. At Fisher & Wilsey, P.A., our St. Petersburg lack of capacity attorneys both bring and defend cases where the capacity to create a will is questioned.

If you are concerned that a loved one was taken advantage of, or if you have been accused of taking advantage of a loved one, we can help. Contact our Florida probate litigation lawyers online or call 888-312-1474 or 727-369-8572 to schedule a meeting to discuss your case.

When Is a Person Capable of Making a Will?

There are three general things that must be met in order for a person to be considered capable of creating a valid will:

  • The person must understand the nature of what he or she is doing
  • The person must understand the general relationship with the people to whom he or she is leaving his or her assets
  • The person must understand the general nature of the assets he or she is leaving to others

Typically, this is not a difficult burden to meet. However, there are people who will prey on the mental problems of a loved one in an effort to get a larger share of an inheritance. If you were named a beneficiary, even if you are not a family member, but were subsequently cut out of a will, you may have a case for lack of capacity or undue influence. Our Tampa/St. Petersburg will contest attorneys will thoroughly review your case in an effort to determine if any wrongdoing has occurred.

Defending Against Incapacity Allegations

Lack of capacity charges are not uncommon in probate litigation, particularly when family relationships are strained. The lawyers at Fisher & Wilsey, P.A., have the experience and knowledge to understand what lack of capacity truly means. If you have been unfairly accused of taking advantage of a loved one's state of mind, we can help you build a strong defense against such accusations.

Call for a Consultation With a Clearwater Will Contest Attorney

We have been protecting our client's interests in will contests since 1962. Contact our St. Petersburg lack of capacity lawyers online or call 888-312-1474 or 727-369-8572 to schedule an initial consultation to discuss your case.