Who Has Authority to Execute a Will in Florida?
Legal capacity is a requisite for execution of valid will or deed for that matter in the Sunshine State. .
Legal capacity in Florida is assessed at the moment of execution, with different standards for deeds (contractual), wills (testamentary), and trusts (varying by revocable or irrevocable). Courts presume capacity, but challenges can succeed with strong medical evidence.
For deeds, contractual capacity is required, meaning the grantor must understand the transaction’s nature and effect. Florida law presumes capacity once the deed exists, shifting the burden to challengers, which requires a high evidentiary threshold to overcome.
For wills, testamentary capacity is lower, requiring the testator to know their property, natural heirs, and the will’s effect. Again, the threshold showing is at the time of execution.
See, Fla. Stat. § 732.501
Cognitive and neurological assessments, such as those evaluating memory, reasoning, and executive function, are often central. Tools like the Mini-Mental State Examination (MMSE), Montreal Cognitive Assessment (MoCA), or more detailed neuropsychological testing can provide objective data.