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What is a Lucid Interval?

A Lucid Interval is a legal term that refers to whether the testator has capacity and was lucid at the time of executing their will. Was the testator of sound mind when they signed their will? Did the testator have testamentary capacity at the time of execution of the will?

Florida Statute 732.501 deals with a testator’s testamentary capacity. The testator must be of sound mind. The testator must be able to understand the nature and extent of the property, the relationship of those who would be the natural object of the testator’s bounty, and the practical effect of the will. 

The policy of the State of Florida is that the state should uphold a person’s right to determine what happens to his/her property whenever possible. A testator may have capacity to execute a valid will even though they have a bad memory or unsure judgment. How can that be? This is okay as long as the testator executes the will during a lucid moment. Again, the question is whether there is testamentary capacity. 

Florida presumes that a testator is of sound mind and has sufficient capacity to make a will. If you want to challenge a will for lack of testamentary capacity at the time of its execution, then you must show that the testator lacked the necessary capacity to to execute a will. However, it can be shown that the testator had testamentary capacity by having the witnesses of the execution of the will to testify that the testator possessed his/her faculties at the time of execution and that, in their opinion, he/she met each of the elements necessary to show testamentary capacity.

Further, the attorney who drafted the will and was present for its execution should be able to testify as to the testator’s testamentary capacity. The treating  physicians of the testator may also be called to testify as to the testator’s testamentary capacity. 

The best thing to do is to be proactive and make sure that there is plenty of evidence at the time of execution to show testamentary capacity of the testator at the time of execution in order to mitigate the potential for challenges to the will that can lead to expensive litigation of determining testamentary capacity. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

This article is for informational purposes only and does not form an attorney client privilege.