What is required to show lack of capacity?
In Florida the test for mental capacity to sign estate planning documents is three-fold. First the person must understand the natural objects of their bounty, meaning that they must understand who their relatives are. Second the testator must understand the nature and extent of their property. Finally the testator must understand the practical effect of the estate planning documents. If the testator does not understand any of these elements or at least one of the three elements, then the document can be invalidated.