Terminology II

Question 1

Incapacitated

Answer 1

a judicial determination that a person lacks the capacity to manage at least some of the person’s property or to meet at least some of the person’s essential health and safety requirements—a minor shall also be treated as incapacitated. Fla. Stat. § 731.201.

Question 2

Interested Person

Answer 2

any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved. Fla. Stat. § 731.201

Question 3

Requirements for testamentary capacity

Answer 3

1. Must be of sound mind
2. Be at least 18 years old (or an emancipated minor)

Fla. Stat § 732.501.

Question 4

What happens if a will is procured through undue influence?

Answer 4

A will is void if the execution is procured through fraud, duress, mistake, or undue influence. Fla. Stat. § 732.5165

Question 5

In terrorem clause

Answer 5

Seeks to penalize the challenging of a will. Fla. Stat. § 732.517

Unenforceable in Florida

Under the UPC, it is also invalidates these unless there is “probable cause”

Question 6

Undue influence

Answer 6

relates to whether a third party exercised so much influence over the testator that part or all of the will is invalid because it reflects the third party’s wishes rather than the testator