In Florida, testamentary capacity is necessary to execute a valid Last Will and Testament. Testamentary capacity is less than that required to establish other valid contracts such as a that required to execute loan documents or to purchase a home.

that burden is met by a showing that it is more probably than not that, at the time of execution of the will, the testator understood, in a general way, the nature and value of his property and his relations to those persons who would naturally have some claim to his estate. It requires freedom from delusion which is the effect of disease or weakness and which might influence the disposition of his property. And it requires ability at the time of execution of the alleged will to comprehend the nature of the act of making a will.

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