Florida Estate Planning by Leesha Newkirk-Crouch: Case Law - Wills, Capacity

• Testator Did Not Sign Her Will--Allen v. Dalk, 826 So. 2d 245 (Fla. 2002)

  A testator's unsigned Will was not entitled to probate because of a lack of compliance with the execution requirements of Fla. Stat. § 732.502(1).

• Codicils to Will Held to Same Standard--Baldwin v. Estate of Winters, 944 So. 2d 437 (Fla. 4th DCA 2006)

  The requirement of formal execution also applies to codicils executed subsequent to the original Will as stated in Fla. Stat. §732.502(5).

• Strict Compliance with Execution Req's--Price v. Abate, 9 So. 3d 37 (Fla. 5th DCA 2009)

  The general rule is that in order to make a valid Will, the testator must strictly comply with the provisions for formal execution.

• Testator May Sign His/Her Name With An "X"--In Re Estate of Williams, 182 So. 2d 10 (Fla. 1965)

  The Will is valid even if the testator merely makes an X instead of signing his/her Will.

• Signature of the Testator Req'd at The End of Will--Bradley v. Bradley, 371 So. 2d 168 (Fla. 2d DCA 1979)

  The general rule is that the end of a Will, as contemplated by a statute that requires a testator to sign at the end, is the logical end of the language used by the testator to state his or her testamentary intention.

• Testator's Signature Not Needed On Each Page--In Re Schiele's Estate, 51 So. 2d 287 (Fla. 1951)

  Florida Supreme Court held that a Will signed at the end by the testator was valid, although it was signed on a line reserved for the signature of an attesting witness.

• Sequence of Signatures on Wills Does Not Matter--Bain v. Hill, 639 So. 2d 178 (Fla. 4th DCA 1994)

  The order in which the signing occurs makes no difference so long as the witnesses saw the testator sign the Will and they signed it in his/her presence and in the presence of the other attesting witness or witnesses.

• Witnesses Do Not Need to Read Will Content--In Re Estate of Beakes, 306 So. 2d 99 (Fla. 1975)

  The witness is not required to explore the voluntary nature of the testator’s act or the testator’s testamentary capacity, or even that the document that the witness was attesting was a Will.

• Witnesses Just Needed to Witness Execution Of Will--In Re Estate of Charry, 359 So. 2d 544 (Fla. 4th DCA 1978)

  Witnesses do not have to sign the Will at any particular place or with any particular mental intent.

  Will of a Florida resident is not to be probated in the state where it was executed, even if the decedent was domiciled in that other state when he or she made the Will. Beverly Beach Properties v. Nelson, 68 So.2d 604 (Fla. 1953), and Cuevas v. Kelly, 873 So.2d 367 (Fla. 2d DCA 2004) 
   
  Involving disputes over domicile of decedent; likewise, intestacy proceedings are to be brought in the probate court having jurisdiction over the county in which the decedent was domiciled at the time of death.

   

Testamentary Capacity also plays into a beneficiary's ability to actively procure a Will.

A Testator MUST have the mental capacity to understand what he is doing with his property when he executes a Will or codicil.  This entails a comprehension of his/her property, the persons who are beneficiaries and how the instrument affects the property and the beneficiaries. In re Coles Estate, 205 So. 2d 554 (Fla. 2d DCA 1968).

In a case of lack of testamentary capacity, the mental condition of the testator at the time the will was executed is THE ISSUE.

What do Courts consider in determining Testamentary Capacity:

• Declarations of the testator 

• Testator's manner at the time of execution

• Expert testimony In Re Weihe's Estate, 268 So. 2d 446 (Fla. 4th DCA 1972)

• and Nonexpert Testimony about testator's condition, appearance, conduct, conversation, and other facts, In Re Garrett's Estate, 60 So. 2d 281 (Fla. 1952).

• Langford v. McCormick, 552 So. 2d 964 (Fla. Dist. Ct. App. 1st Dist. 1989)

  The testatrix took an active role in the creation of a Will. The court did not find undue influence because the court held that the decedent procured a new will on her own accord and had the mental capacity require to execute a valid will.

• What is The Standard for Testamentary Capacity--In re Estate of Edwards, 433 So. 2d 1349 (Fla. 5th DCA 1983)

  
  The standard for testamentary capacity is whether the testator has sufficient intelligence to understand his ordinary business and to know and understand what disposition he is making of his property at the time he makes a will

• Lucid Interval Is Sufficient for Testamentary Capacity--Murrey v. Barnett National Bank of Jacksonville, 74 So. 2d 647 (Fla.1954)

  Testamentary capacity is judged at the time of execution of the will. A person who lacks testamentary capacity may have a lucid interval during which a valid will can be executed.

• Lucid Interval Defined--American Red Cross v. Estate of Haynsworth, 708 So. 2d 602 (Fla. 3d DCA 1998)

  The principle means that the testator returned temporarily to a state of comprehension and regained testamentary capacity

• UnReasonableness of the Will Does Not Affect Testamentary Capacity--In Re: Estate of Tobias' Estate, 192 So. 2d 83 (Fla. 2d DCA 1966)

  Testamentary Capacity is not affected by the reasonableness or unreasonableness of the Will.

• If Lack of Capacity-Entire Will is Invalid--Williams v. Kane, 88 So. 2d 599 (Fla. 1956)

  If Lack of Capacity found, the ENTIRE Will or codicil is Invalid

  Sound Mind--In re Wilmott's Estate, 66 So.2d 465, 467 (Fla. 1953)
  

   

  "The Florida Supreme Court has held that “of sound mind” means that the testator has the ability

  to mentally understand in a general way the nature and extent of the property to be disposed of, and the testator's relation to those who would naturally claim a substantial benefit from the will, as well as a general understanding of the practical effect of the will as executed.The court further stated that, even if the testator is under the influence of drugs at the time the Will is executed, this does not necessarily deprive him or her of testamentary capacity as long as the testator “has sufficient mind and memory to understand the nature and extent of his property, the proper objects of his bounty and the nature of his testamentary act.” Id. at 468.