Can a Notary Substitute for Witnesses in a Florida Last Will and Testament?

Do you know what you have to have in a will for it to be valid in Florida probate court? Florida estate lawyers know that failure to include the specifics could cost you big time down the road in estate litigation. Want to avoid will contests, inheritance disputes and Florida probate litigation? One simple way to start is to make sure your will was executed properly. Check out this recent probate appeal to learn more.
Florida Wills Need Witnesses
- Probate attorneys Florida know that it is not terribly hard to make a valid will in Florida.
- That does not mean it is easy to make a good will.
- What is the difference?
- Either way you need to have witnesses that sign your will that was hopefully drafted by a Florida estate attorney.
- What happens when the will has no witnesses?
- This is known as a holographic will, ask any Florida will contest lawyer the odds are slim that will is going to do anything besides create estate litigation.
- Are there ways to get around the witness requirement for Florida wills?
- What happens when Parties try to admit these so called holographic wills to probate in Florida?
- They could be denied admission by the Florida probate court.
- Then what?
- Now you may be looking at a case of intestate succession!
- Check out this recent case from Connecticut to learn more.
Davis v. Davis-Henriques
- This was an appeal from a judgment that centered around admitting an unwitnessed will into probate.
- The will was notarized though.
- Is that enough in Florida?
- Florida probate lawyers know that a notary can be helpful in creating a self-proving affidavit but it is probably not a run around of the witness requirements.
- Here that was the same problem for the probate litigants in Connecticut.
- What could a Florida estate lawyer do in this situation?
Want to learn more?
Check out the entire case by clicking here.
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