{"id":3868,"date":"2026-10-24T02:36:54","date_gmt":"2026-10-24T02:36:54","guid":{"rendered":"https:\/\/trustcounsel.com\/resources\/trust-litigation-attorney\/lack-of-capacity-will-trust-contest-florida\/"},"modified":"2026-10-28T03:28:03","modified_gmt":"2026-10-28T03:28:03","slug":"lack-of-capacity-will-trust-contest-florida","status":"publish","type":"page","link":"https:\/\/trustcounsel.com\/resources\/trust-litigation-attorney\/lack-of-capacity-will-trust-contest-florida\/","title":{"rendered":"Lack of Capacity Will Trust Contest Florida"},"content":{"rendered":"\n
<\/span>\"Hallway
\n

Will and Trust Litigation | Coral Gables, Florida<\/p>

Lack of Capacity Will Trust Contest in Florida<\/h1>

Trust Counsel, PL focuses on probate and trust litigation for beneficiaries, heirs and fiduciaries who question whether a will or trust was signed when the signer lacked capacity. Leslie V. Marenco, responsible attorney, offers a free, confidential first consultation with no obligation to continue.<\/p>

Book a Free Strategy Call<\/a><\/div>
Book a Free Strategy Call<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Leslie V. Marenco \u00b7 Published October 23, 2026<\/p>\n\n

\n\n\n

A will or trust can be challenged in Florida when the person who signed it lacked the mental capacity to make it. Questions about a signer’s capacity are fact-specific and depend on the particular circumstances of each matter. This page explains the standard, the evidence, and the deadlines that can run out if you wait. Trust Counsel, PL focuses on probate and trust litigation, and its only office is in Coral Gables.<\/p>\n

What Lack of Testamentary Capacity Means in Florida<\/h2>\n

Florida law provides that the capacity needed for a revocable trust is the same as the capacity needed to make a will (Fla. Stat. \u00a7 736.0601<\/a>).<\/p>\n

For a revocable trust, the capacity required is the same as for a will (Fla. Stat. \u00a7 736.0601<\/a>).<\/p>\n

In a will contest, the person offering the will must first show it was properly signed and witnessed. After that, the person contesting it must prove the grounds for challenging it (Fla. Stat. \u00a7 733.107<\/a>).<\/p>\n\n

\n

If a parent's will or trust was signed while their memory was failing, you may have a claim worth reviewing, and our team can talk it through with you. Talk it through with Trust Counsel, PL — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n\n
\"A<\/figure>\n

Which Documents Are Commonly Challenged on Capacity Grounds<\/h2>\n

Challenges usually target papers that change who receives property. Common examples include:<\/p>\n