Why You Should Create a Will Before It’s Too Late

At Fighter Law, we often see families struggle because a loved one waited too long to create a will and not having an understanding of Florida Wills. The reality is that if mental capacity becomes an issue, it may be too late to make legally binding decisions about your assets. That’s why it’s crucial to plan ahead and ensure your wishes are protected.

Insight into Florida Wills

Under Florida law, for a will to be valid, the person creating it must:
Be at least 18 years old
Be of sound mind at the time of signing
Understand what they are writing and signing (testamentary capacity)
Have the document written and signed by two uninterested witnesses

A codicil—an amendment to a will—must meet these same requirements. If a person lacks testamentary capacity, any will or codicil they sign could be challenged and invalidated in court.

Key Case: Scott v. Young

A recent case, Scott v. Young, highlights the importance of mental capacity when creating a will. Young presented a codicil signed by her mother, which removed her brother, Scott, as the estate’s personal representative. Scott contested it, claiming their mother lacked the mental capacity to make changes. He argued that the court had issued a guardianship order before she signed the codicil.

Initially, the trial court ruled in Young’s favor, but Scott appealed. In the end, the appellate court reversed the decision. It ruled that the guardianship order was strong evidence that the mother lacked the mental capacity to create a valid codicil.

Plan Ahead to Protect Your Legacy

This case is a reminder that delaying a will can lead to legal challenges and family disputes. If you or a loved one are thinking about drafting a will, consult an experienced estate planning attorney.

At Fighter Law, we are here to guide you through the process and ensure your future is secure. Don’t wait until it’s too late—contact us today for a consultation.

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