Contesting a Will Due to Dementia in Florida

When a loved one passes away and their will reflects decisions that seem inconsistent with who they were, family members often wonder whether dementia or cognitive decline played a role. In Florida, a diagnosis of dementia — including Alzheimer's disease, vascular dementia, or Lewy body dementia — does not automatically invalidate a will. However, if the testator lacked the mental capacity required by Florida law at the time the will was signed, the document may be challenged and potentially set aside through a will contest.

Testamentary Capacity Standards in Florida

Florida law requires that a testator possess "testamentary capacity" at the moment a will is executed. Under the standard established by Florida courts, testamentary capacity means the testator must be able to understand:

• The nature and extent of their property — what they own and its approximate value;
• The natural objects of their bounty — who their family members are, including spouses, children, and other close relatives;
• The nature of the testamentary act — that they are signing a will that will dispose of their property after death; and
• How these elements relate to one another to form an orderly disposition of their estate.

It is important to understand that the threshold for testamentary capacity in Florida is relatively low. A person does not need to be able to manage complex business affairs or make sophisticated financial decisions. They need only meet the four-part test above at the specific moment the will is signed. This is a lower standard than the capacity required to enter into a contract or manage one's own financial affairs, which is why dementia-related will contests can be challenging to prove.

Dementia Diagnosis vs. Testamentary Capacity

One of the most important distinctions in Florida will contest law is that a medical diagnosis of dementia does not, by itself, prove that the testator lacked testamentary capacity. Dementia is a progressive condition, and its severity varies significantly from person to person and over time. In the early stages, a person with dementia may retain the ability to understand their property, their family, and the consequences of signing a will. Even in moderate stages, a person with dementia may have periods of clarity — known as lucid intervals — during which they possess the capacity to execute a valid will.

Florida courts have consistently held that the question is not whether the testator had a dementia diagnosis, but whether they met the legal standard for testamentary capacity at the time the will was signed. A will executed during a lucid interval may be valid even if the testator was otherwise impaired. Conversely, a will signed during a period of confusion or incapacity may be invalid even if the testator appeared functional at other times.

The Role of Medical Evidence

Medical evidence is often the cornerstone of a Florida will contest based on lack of capacity. The types of medical evidence that Florida courts consider include:

• Medical records from treating physicians — Progress notes, diagnoses, and assessments from the testator's primary care physician, neurologist, or psychiatrist are highly relevant. Records documenting the onset, progression, and severity of dementia help establish a timeline of cognitive decline.
• Cognitive testing results — Standardized tests such as the Mini-Mental State Examination (MMSE), Montreal Cognitive Assessment (MoCA), and neuropsychological evaluations provide objective measures of cognitive function. A low score on these tests near the date of will execution can be powerful evidence of incapacity.
• Brain imaging — CT scans, MRI scans, and PET scans that reveal brain atrophy, lesions, or other structural changes consistent with dementia can support a lack of capacity claim.
• Medication records — Certain medications, including those used to manage dementia symptoms, pain medications, and sedatives, can impair cognitive function. Evidence that the testator was on medications known to cause confusion or impaired judgment at the time of will execution is relevant.
• Hospitalization and care facility records — Notes from hospitals, assisted living facilities, and nursing homes often contain detailed observations about the patient's mental state, orientation, and behavior on a daily basis.

Timing of Diagnosis vs. Will Execution

The timing of the dementia diagnosis relative to the execution of the will is a critical factor in Florida will contests. Several timing scenarios arise frequently:

Will Executed Before Diagnosis

If the will was executed before any formal diagnosis of dementia, it may be more difficult — but not impossible — to challenge. The contestant may need to show that the testator was already experiencing cognitive symptoms at the time of execution, even though a formal diagnosis had not yet been made. Testimony from family members, friends, and caregivers about the testator's behavior, memory lapses, confusion, and personality changes can help establish that cognitive impairment was present before the official diagnosis.

Will Executed After Diagnosis

When a will is executed after a dementia diagnosis, the contestant has a stronger foundation, but the diagnosis alone is not dispositive. The proponent of the will may argue that the testator was in an early stage of the disease and still retained testamentary capacity, or that the will was signed during a lucid interval. Medical records close in time to the date of execution become especially important in these cases.

Will Executed During Hospitalization or Institutional Care

Wills executed while the testator is in a hospital, nursing home, or memory care facility are subject to heightened scrutiny. Facility records often document the patient's cognitive status on a daily basis, and these records can either support or undermine a capacity challenge. If the records show the testator was disoriented, confused, or unable to recognize family members around the time the will was signed, this evidence can be compelling.

Lucid Intervals Under Florida Law

The concept of lucid intervals is well established in Florida case law. A lucid interval is a period during which a person who otherwise suffers from mental incapacity temporarily regains sufficient clarity to understand their actions and make rational decisions. Florida courts have upheld wills executed during lucid intervals, even when the testator had a documented history of significant cognitive impairment.

The burden of proving that the will was executed during a lucid interval typically falls on the proponent of the will — the party seeking to uphold it. To establish a lucid interval, the proponent may present evidence that the testator was alert, oriented, and communicative at the time of execution, that they understood the contents of the will, and that they expressed their wishes clearly to the drafting attorney and witnesses. Testimony from the attorney who supervised the execution and from the subscribing witnesses is particularly important.

However, the existence of a lucid interval does not immunize a will from challenge. The contestant may argue that the appearance of lucidity was superficial — that the testator could engage in social conversation but could not truly understand the complex implications of their testamentary decisions. Expert testimony from neurologists and geriatric psychiatrists can be critical in distinguishing genuine capacity from the appearance of capacity.

Burden of Proof in Florida Dementia Will Contests

In Florida, a will that has been properly executed and admitted to probate is presumed valid. The party challenging the will — the contestant — bears the initial burden of proving that the testator lacked testamentary capacity. This burden is met by a preponderance of the evidence, meaning the contestant must show that it is more likely than not that the testator did not possess the requisite capacity at the time of execution.

However, if the contestant establishes a prima facie case of incapacity, some Florida courts have recognized that the burden may shift to the proponent of the will to produce evidence of capacity. This is particularly true when the evidence of cognitive impairment is strong and the proponent has access to evidence — such as the testimony of the drafting attorney — that the contestant does not.

It is also worth noting that a dementia-based will contest is often combined with an undue influence claim. A person with diminished capacity is inherently more susceptible to undue influence, and Florida courts recognize that cognitive impairment and undue influence frequently go hand in hand. When both grounds are alleged, the evidence of dementia strengthens the undue influence claim, and vice versa.

Lay Witness Testimony

In addition to medical evidence, Florida courts give significant weight to testimony from people who personally interacted with the testator around the time the will was executed. Lay witnesses — including family members, friends, neighbors, caregivers, bank employees, and clergy — can testify about their observations of the testator's mental state, including:

• Whether the testator recognized family members and friends;
• Whether the testator could carry on a coherent conversation;
• Whether the testator was confused about the date, time, or their location;
• Whether the testator repeated questions or stories, indicating memory impairment;
• Whether the testator exhibited personality changes, paranoia, or agitation;
• Whether the testator could manage daily activities such as cooking, dressing, and handling finances; and
• Whether the testator made statements about their estate plan that were consistent or inconsistent with the will.

The Role of the Drafting Attorney

The attorney who drafted the will and supervised its execution is a key witness in any dementia-based will contest in Florida. A careful estate planning attorney will document their assessment of the testator's capacity, meet with the testator alone to ensure they are acting voluntarily, and note any concerns about cognitive impairment. If the drafting attorney followed these best practices and can testify credibly that the testator appeared competent and expressed their wishes clearly, this testimony can be a powerful defense against a capacity challenge.

On the other hand, if the attorney did not meet privately with the testator, did not assess capacity, or relied on a third party to communicate the testator's wishes, these deficiencies can support the contestant's case. The failure of the drafting attorney to follow established capacity assessment protocols may suggest that the will was not the product of the testator's independent judgment.

Statute of Limitations and Deadlines

Florida imposes strict deadlines for contesting a will. Under F.S. 733.212, once the Notice of Administration is served, an interested person generally has 20 days to file an objection. If you were not served, you may have up to three years from the filing of the Notice of Administration or until the entry of an order of discharge, whichever comes first, under F.S. 733.2123. These deadlines are strictly enforced, and failure to act in time can permanently bar your claim regardless of the strength of the evidence.

Contact a Florida Will Contest Attorney

If you believe a loved one's will was executed at a time when they lacked testamentary capacity due to dementia or cognitive decline, the Law Offices of Albert Goodwin can help you evaluate your case and protect your rights. We handle will contests, trust contests, and lack of capacity claims throughout Florida, including cases involving Alzheimer's disease, vascular dementia, and other cognitive conditions. Contact us at 786-522-1411 or email [email protected] to schedule a consultation at our office at 121 Alhambra Plz #1000, Coral Gables, FL 33134.