Creating a Will Before Mental Capacity Becomes an Issue

Planning for the future is crucial, yet too often, people delay creating a will until it’s too late. Many wait until they or their loved ones face serious health issues or cognitive decline before considering estate planning. Unfortunately, at that point, legal complications can arise, making it difficult to ensure their final wishes are honored.

At Fighter Law, we are committed to educating our community about the legal tools available to protect their assets and ensure their wishes are carried out before it’s too late.

Testamentary Capacity and Florida Law

A recent case in Florida highlights just how critical it is to create a will while still of sound mind. In Scott v. Young, the Fifth District Court of Appeals reversed a lower court decision due to concerns about testamentary capacity. The dispute centered on whether the decedent had the legal mental capacity to amend her will through a codicil after being placed under guardianship. This case serves as a powerful reminder that estate planning should be done proactively—before mental competence becomes an issue.

What Is Required to Create a Valid Will in Florida?

Under Florida law, a last will and testament must meet the following requirements:

1. The testator must be at least 18 years old.
2. The testator must be of sound mind at the time of signing, meaning they must have the mental capacity to understand the nature and consequences of their decisions.
3. The will must be in writing.
4. The will must be signed by the testator in the presence of two uninterested witnesses, who must also sign the document.

A codicil—a legal amendment to an existing will—must meet these same requirements to be valid.

Take Action Today—Fighter Law Is Here to Help

If you are considering creating a will or updating your estate plan, don’t wait until it’s too late. Consulting an experienced attorney ensures that your documents are legally sound and that your wishes will be honored. At Fighter Law, we are dedicated to helping you protect your future and secure peace of mind for your loved ones.

Call us today to schedule a consultation or visit our website to learn more about how we can assist you in your estate planning needs.

Attorney Clyde Lemon

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