Obtaining Justice In Lack Of Capacity Cases
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 lack of capacity attorneys bring and defend cases where the capacity to create a will is questioned. We have provided effective legal counsel to beneficiaries throughout the Tampa-St. Petersburg area for over 50 years. 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. Call 888-312-1474 or 727-369-8572 to schedule a free initial consultation.
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 may file an undue influence claim. Our 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 cases, particularly when family relationships are strained. Our lawyers 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.