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Why do you need testamentary capacity when creating a will?

On Behalf of | May 21, 2021 | Estate Planning |

Florida residents who want to craft a will need to have testamentary capacity to do so. If they lack this necessary attribute, their will may be contested upon their death. Understanding what testamentary capacity is can help to explain why it’s mandated by the state as a necessary attribute when constructing a will.

Ordinary affairs and extent

In order for a person to legally construct a will as part of their estate planning process, they need to understand the ordinary affairs of life. This means that a person must be able to have a full understanding of their day-to-day basic needs. In addition, the person should have control of their own senses.

The person should also understand what is considered the nature and extent of their property. This translates to simply meaning that the person must have a good idea of the property they own.

Natural objects of bounty

It’s vital for the person to understand who the “natural objects” are of their bounty. These are the people who would legally inherit a person’s estate in the event that there is no will written. By writing a will, the person may leave more specific instructions for the natural objects of their bounty or even disinherit them if they wish to.

Lastly, the person must understand who will be given property according to their will. They must realize the manner in which the property is given to those beneficiaries specified in their will. They must also understand that only those people named in the will are capable of receiving their property.

Testamentary capacity is an important component of any will creation process. It’s advisable to have your will constructed in the presence of an attorney so that they can vouch for your testamentary capacity at the time of will creation.


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