Florida/Georgia Personal Injury & Workers Compensation

...OVERTON and HARDING, JJ., concur. NOTES [1] Because we approve the district court's reversal of summary judgment, we need not address the subordinate issue regarding the identity and effect of the declaration of trust referred to in the First Nationwide bank account title. [2] Section 732.502, Florida Statutes (1989), provides: Every will must be in writing and executed as follows: (1)(a) Testator's signature....

...e Statute of Wills. The statute of wills requires all testamentary conveyances to be in writing and executed with certain prescribed formalities. [footnote omitted] 1 T.A. Thomas & D.T. Smith, Florida Estates Practice Guide ch. 16, § 38 (1984). See § 732.502, Fla....

...1st DCA 1963), the person who performed the act of signing an incapacitated testatrix' name to the will added his own name with the prefix "per". It was argued that that person signed only as the agent of the testatrix and not as a subscribing witness but the court held that he was an attesting and signing witness. Section 732.502, F.S., 1975, requires the testator to sign his will at the end in the presence of at least two attesting witnesses who must sign in the presence of each other and in the presence of the testator....

...oth of which were admitted without objection and not refuted by any countervening testimony? In a word — nothing. The statute of wills is still very much an integral part of the Florida Probate Code. In short, a will must be in writing, pursuant to Section 732.502, Florida Statutes (1977)....

...un "it" in reference to the terms "will or codicil" contained therein. The terms "will or codicil" are specifically defined as instruments "executed by a person in the manner prescribed by this code." Section 731.201(35), Fla. Stat. (1989). Further, section 732.502, Florida Statutes (1989), prescribes the manner used to properly execute a will or codicil....

...Appellees filed a caveat with the trial court in Miami pursuant to section 731.110, Florida Statutes (1981), and a petition for revocation of probate on the basis that a valid subsequent will had been executed by the decedent. Both the petition and its supporting memorandum of law stated that in accordance with section 732.502(2), Florida Statutes (1981), the Florida trial court lacked proper jurisdiction and venue to determine whether the subsequent will was valid and that a West Virginia court should be allowed to determine whether the decedent had formed...

...2d DCA 1964). Additionally, in In Re Estate of Swanson, 397 So.2d 465 (Fla. 2d DCA 1981), the court there discussed whether a Florida court had jurisdiction to *980 rule on the substantive validity of a will executed in another state. The court found that section 732.502(2), Florida Statutes (1981) is concerned with procedural validity only; that is, whether there is compliance with the formal procedural elements of execution....

...a Probate Code. Ch. 74-106, § 4, ch. 75-220, § 2, Laws of Florida. Cautious practitioners are accustomed to requiring that attesting witnesses sign the will in the presence of the testator. That formality is now explicitly required by the terms of Section 732.502(1), Florida Statutes (1975), effective January 1, 1976....

...tator in this case, did not invalidate a will which was subscribed out of the testator's presence by attesting witnesses who were present at the time of its execution. The law has now been changed to require the formality contended for by appellees. Section 732.502(1), Florida Statutes (1975)....

...forth in the self-proving affidavit. Since the probate court entered a summary judgment upholding the valid execution of the will, the issue in this case is whether Bass' affidavit created a material question of fact that its execution failed under section 732.502....

...tamentary intent of the testatrix is to be effectuated." See id. However, when testamentary intent is contained in a will, it can only be effectuated if the will has been validly executed. The requirements for a validly executed will are detailed in section 732.502, Florida Statutes (2000), which provides in relevant part: Every will must be in writing and executed as follows: (1)(a) Testator's signature....

...o comply with the statutory requirements for revocation by a physical act. Tolin's attempted revocation was frustrated only by the high quality of the copy of the original codicil. By contrast, the major requirement for a validly executed will under section 732.502, Florida Statutes, was not met in the instant case....

...Conklin of Graham, Hodge & Larson, P.A., Belleair Bluffs, for appellee. CAMPBELL, Judge. This action is an appeal from the final order granting appellee's motion to abate appellant's petition challenging the validity of Kaihi Swanson's will. The appellants assert that section 732.502(2), Florida Statutes (1979), applies only to the procedural aspects of will execution and, thus, a will may be attacked on substantive grounds outside the state of execution....

...The personal representative of Ms. Swanson's ancillary estate responded with a *466 motion to abate the proceedings, contending that Georgia was the proper forum to determine the validity of the will. The lower court agreed and entered the final order of abatement, finding that section 732.502(2) was determinative of appellants' right to challenge the substantive validity of the will. The question before this court is whether section 732.502(2), governing the validity of wills executed by nonresidents, applies to the substantive as well as procedural aspects of foreign wills. Section 732.502(2) is patterned after the Uniform Probate Code and provides: Any will, other than a holographic or nuncupative will, executed by a nonresident of Florida, either before or after this law takes effect, is valid as a will in this state...

...n the Virginia probate proceedings, and the sole issue was whether the testator died testate or intestate as to Florida real estate. Although it may be argued that Trotter, dealing only with procedural attestation requirements, has been abrogated by section 732.502(2), that argument may be countered by referring to Restatement 2d, Conflicts of Laws, section 239, which can be read to extend the Trotter rule to substantive attacks made against a will....

...See also Leflar, supra, at 402. It is a well-settled rule of statutory construction that in determining the legislative intent, the statute under consideration must be viewed in pari materia. State v. Gale Distributors, Inc., 349 So.2d 150 (Fla. 1977). In examining section 732.502, which is entitled "Execution of wills," matters of substantive validity of a will are never mentioned....

...The statute begins, "Every will must be in writing and executed as follows:" Each of the subsections deals with some procedural formality required for a valid execution. This statute does not purport to deal with substantive considerations such as mental capacity or undue influence. Therefore, we conclude that although section 732.502(2) is not identical to the corresponding section of the Uniform Probate Code, it was intended to apply to only those procedures the uniform law governed namely the formal procedural elements of execution....

...Accordingly, we hold that appellants have the right to attack the Georgia will in a Florida court, on substantive grounds, based on their interest in the real property located in Florida. Because we feel that legislature might find it desirable to revisit section 732.502(2), we feel it is appropriate here to examine *467 the differences in the Florida statute and the corresponding section of the Uniform Probate Code and the possible consequences of those differences....

...The Uniform Probate Code, section 2-506, [1] recognizes the validity of foreign wills if valid at the place of execution or the place of the testator's domicile at the time of execution or death. At the time Professors Fenn and Koren wrote their article examining the 1974 Florida Probate Code, section 732.502(2) [2] recognized the validity of a will executed by a nonresident only if it was valid as a will under the law of the place of the testator's domicile at the time of the execution. This left out those wills valid at the place of execution or valid at the place of the testator's domicile at the time of death. Recognizing this hiatus, Professors Fenn and Koren suggested the change that resulted in the present wording of section 732.502(2) which now validates a will in Florida made by a nonresident only if the will was valid under the law of the place where executed....

...with the law at the time of execution of the place where the will is executed, or of the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place or abode or is a national. [2] Florida Statutes, section 732.502(2) (Supp....

...(2) The testator, in the presence of at least two attesting witnesses present at the same time, must sign his will or cause his name to be signed as aforesaid or acknowledge his signature thereto. *28 § 731.07(1) & (2), Fla. Stat. (1971) (present version § 732.502, Fla....

...The will and codicil which are sought to be probated are dated June 25, 1980, and September 16, 1980, respectively. 2. There are three categories of objections to the probate of the will and codicil. First, it is alleged that the will was not executed in accordance with § 732.502, Florida Statutes [1979], in that a witness to the will, Mary Addis, signed as a witness outside of the presence of the testatrix and the other witness, Robert R....

...e proceeding instituted by appellee, Stephanie Feldman Fehr, a surviving *200 daughter of Allen M. Feldman who died in Jacksonville, Florida, on July 12, 2000. Because we conclude that the will was not executed in conformity with the requirements of section 732.502(1), Florida Statutes (1999), we hold that the will was invalid and that it was error to admit the will to probate....

...sees fit—According to my wishes. An adversary proceeding commenced and eventually each party filed motions for summary judgment. Fehr argued that the decedent's signature on the will was a forgery; that the will was not executed in accordance with section 732.502; and that as a matter of law the document is a nullity, because the dispositive provisions of the residuary clause attempt to create a trust and, since the trust is indefinite, the trust fails....

...ew any ruling or matter occurring prior to the filing of the notice. Fehr properly invoked her right to contest a ruling by the lower court in the final order by timely filing a notice of cross appeal. As for the merits of the issue on cross-appeal, section 732.502(1), Florida Statutes (1999), provides that the testator must sign or acknowledge his signature on the will in the presence of two witnesses and that the attesting witnesses must sign the will in the presence of the testator and in the presence of each other. To create a valid will, a testator must strictly comply with the requirements of section 732.502....

...nd constituted a valid codicil to Issac's will and, accordingly, admitted it to probate. Menachem appeals this ruling. Menachem challenges the trial court's ruling, arguing that the e-mailed second codicil was not properly attested to as required by section 732.502 of the Florida Statutes....

...ts he believed relevant to determining those questions of fact to the trial court at the evidentiary hearing. By failing to do so, he waived this issue for appellate review. AFFIRMED. THOMPSON, J., and NELSON, D., Associate Judge., concur. NOTES [1] Section 732.502 of the Florida Statutes provides in relevant part: 732.502 Execution of wills Every will must be in writing and executed as follows: * * * * * * [1](b) Witnesses....

...east two attesting witnesses. c. Witnesses' signatures. — the attesting witnesses must sign the will in the presence of the testator and in the presence of each other. * * * * * * (5) A codicil shall be executed with the same formalities as a will. § 732.502(1)(b) & (5), Fla....

...Stat. (2014).6 In turn, the portion of the Florida Probate Code that addresses the execution of wills requires that wills must be signed in the presence of two attesting witnesses and that those attesting witnesses must themselves sign the will in the presence of the testator and of each other. § 732.502(1)(b)-(c), Fla....

...when [the] officer sees [an] act ... or when circumstances within his observations ... or when he hears disturbance created by offense... . Presence of the testator. Will attested in presence of testator if witnesses are within range of any of testator's senses. Id. Further, section 732.502(1)(b), Florida Statutes, provides that a testator must sign the will "`in the presence of' at least two attesting witnesses." This court has interpreted that section to mean that "each witness must see the testator sign." In re Estate of Charry, 359 So.2d 544, 545 (Fla....

...The trial court's conclusion was based on the absence of a judicial decree of divorce indicating that Salathe was legally married to the decedent at the time of her death. The decedent's holographic will is without force or effect under Florida law. § 732.502(2), Fla....

...He devised the remainder of any sale proceeds to his father. Carol Jean Hope, the estate’s Colorado personal representative and Mr. Payne’s sister, filed a petition for probate administration in Pinellas County. She alleged that the holographic will was not executed in compliance with section 732.502(1), Florida Statutes (2010), and, thus, was not valid under section 732.502(2)....

...the Florida property under the laws of intestacy. See § 732.103 (providing that if there is no surviving spouse, entire intestate estate passes to decedent’s descendants). Florida law requires wills to be signed by the testator and two witnesses: 732.502....

...portions of the document are in the testator’s handwriting.” Colo.Rev.Stat. § 16-11-502(2) (2010). 2 Mr. Payne wrote out his will. The trial court refused to give full faith and credit to the Colorado order admitting the will to probate because section 732.502(2) does not recognize holographic wills, even if they are valid in the state where executed. As a result, Mr. Payne’s Florida estate will pass to his minor child. See § 732.103 (providing that if there is no surviving spouse, entire intestate estate passes to decedent’s descendants). Ms. Lee argues that section 732.502(2) unconstitutionally restrains a testator’s right to devise property....

...She urges us to ignore Olson in light of article I, section 2 of the Florida Constitution and Zrillic . Although the 1968 constitutional amendment and Zrillic may have addressed what some might have viewed as overly paternalistic statutory choices, section 732.502 focuses not on the testator’s choices in making a devise; rather it operates to assure authenticity and reliability....

...This test, however, is not for us to apply. We are constrained by precedent unless changed by the supreme court. Olson controls. Therefore, we affirm, but we certify the following question of great public importance to the supreme court: DO SECTIONS 732.502(2) AND 734.104(a) VIOLATE ARTICLE I, SECTION 2 OF THE FLORIDA CONSTITUTION BY CATEGORICALLY DEFEATING THE INTENT OF THE TESTATOR OF A HANDWRITTEN HOLOGRAPHIC WILL WITHOUT A RATIONAL RELATION TO THE FRAUD IT SEEKS TO CURE? Affirmed; question certified....

...Section 732.505, Florida Statutes, provides: A will or codicil, or any part of either, is revoked: (2) By a subsequent will, codicil, or other writing executed with the same formalities required for the execution of wills declaring the revocation. Section 732.502 provides: Every will must be in writing and executed as follows: (1)(a) Testator’s signature.— 1....

...(3) No particular form of words is necessary to the validity of a will if it is executed with the formalities required by law. (4) A codicil shall be executed with the same formalities as a will. If the decedent failed to observe the formalities for execution of a will speci *565 fied in section 732.502, his attempt at a partial revocation must be declared invalid....

...Here, the decedent’s attempt to revoke a portion of' his first codicil by lining through the names of three designated personal representatives and placing the word “deleted,” his signature, and date in the adjoining margin failed to meet the mandatory will formalities of section 732.502....

SCHWARTZ, Judge. Section 732.502(1), Florida Statutes (1975) provides that “[t]he testator must sign his will at the end ....

...Of importance to this appeal, the trial court determined that there were no disputed issues of material fact and that, as a matter of law, Flanigan died intestate because the lost will which Price was seeking to enforce was invalid because it had not been executed with the formalities required by section 732.502 of the Florida Statutes (2005)....

...WENTWORTH, Judge, dissenting. I respectfully disagree in part with the opinion of the court, although I agree that the question of testamentary capacity depends upon the testator's competence at the time the will is executed. In re Wilmott's Estate, 66 So.2d 465 (Fla. 1953). Section 732.502, Florida Statutes, establishes the formalities under which "[e]very will must be ... executed" (e.s.), and requires that the testator's execution shall be by signature in the presence of attesting witnesses or acknowledgement of prior signature in such presence. § 732.502(1)(b), Florida Statutes. In the present case the testator's previously signed holographic will was not "executed" as that term is defined by § 732.502 until it was acknowledged before the attesting witnesses, and the document was not subject to judicial enforcement as the testator's will until so executed....

...In re Estate of Kavcic, 341 So.2d 278 (Fla. 1st DCA 1977); In re Estate of Beakes, 291 So.2d 29 (Fla. 3rd DCA 1974); In re Estate of Wognum, 279 So.2d 66 (Fla. 4th DCA 1973); In re Leo's Will, 12 Fla. Supp. 61 (Fla.Dade Co.Cir.Ct. 1958). I believe that this rationale is also applicable to § 732.502, Florida Statutes, and requires testamentary capacity at the time the testator acknowledges the will before attesting witnesses, when such acknowledgement is the method by which execution of the will is accomplished....

...McPeak, appeals an order of the trial court admitting to probate a will offered by appellee Bonnie Allen, who is the named personal representative and one of the beneficiaries in the contested document. The primary issue here is whether the will was properly executed in accordance with the requirements of section 732.502, Florida Statutes, which, among other things, requires that every will be signed at the end or that the testator's name be subscribed at the end of the will by some other person, in the testator's presence and at his direction....

...BAKER, the Witnesses, who are personally known to me, on this 20th day of March, 1998. NOTARY PUBLIC ANNE E. DICK My Comm Exp. 12/02/98 Bonded By Service Ins No. CCA23930 It is obvious from the above that the will was not signed by the decedent. A will is not valid unless it is executed with the formalities required by section 732.502, Florida Statutes....

...Thus, the rule is that in order to make a valid will, the testator must strictly comply with the provisions for formal execution. See In re Watkins' Estate, 75 So.2d 194 (Fla.1954); In re Neil's Estate, 39 So.2d 801 (Fla.1949); In re Bancker's Estate, 232 So.2d 431 (Fla. 4th DCA 1970), cert. denied, 238 So.2d 111 (Fla.1970). Section 732.502(1) provides that every will must be signed at the end, or the testator's name *790 must be subscribed at the end of the will by some other person, in the testator's presence and by the testator's direction. § 732.502(1)(a), Fla....

...Further, the signing or acknowledgment that the testator has previously signed the will or that another person has subscribed the testator's name to it, must be made in the presence of at least two attesting witnesses, who must sign the will in the presence of the testator and each other. § 732.502(1)(b) & (c), Fla....

...New York with the usual formalities of American wills, including her signature at the end, with attestations by three witnesses who subscribed in the presence of each other and the Testator. It is undisputed that the New York will complies with the formalities of Florida law. See § 732.502(1), Fla....

...Argentine will can be admitted to probate under Florida law. Three provisions of the Probate Code bear on this issue. First, the creation of a will in Florida requires compliance with certain formalities, the first and foremost being the witnessed signature of the testator. § 732.502(1)....

...That another person has subscribed the testator’s name to it, must be in the presence of at least two attesting witnesses. (c) Witnesses’ signatures.--The attesting witnesses must sign the will in the presence of the testator and in the presence of each other. § 732.502(1); see also Allen v....

...Without defining the term “nonresident,” the Probate Code recognizes as valid a foreign will that does not comply with all of the formalities required of a resident’s will, if the nonresident’s will is valid under the laws of the state or country where executed. § 732.502(2)....

...ill. 5  country where the will was executed. A will in the testator’s handwriting that has been executed in accordance with subsection (1) shall not be considered a holographic will. § 732.502(2) (emphasis added). The Probate Code does not define the term “nuncupative.” As a Florida court lamented in 1964, and as is still true today, “[t]here is a dearth of authority in this jurisdiction as to nuncupative wills.” In re Vaughn's Estate, 165 So....

...members of the family to his bedside and spoke a nuncupative will . . . .”). While Florida once admitted nuncupative wills to probate, it no longer does, even if executed by a nonresident. See Henry P. Trawick, Jr., Redfearn Wills & Administration in Florida § 3:2 (2014); see also § 732.502(2). Third, the Probate Code recognizes nonresidents’ “notarial wills” by providing that a copy may be admitted to probate if the original is required to be 6 retained in the for...

...Indeed, the treatise does not mention or acknowledge any type of notarial will that is not signed in some manner by the testator. Id. Turning to the will at issue, the Argentine will obviously fails to comply with the formalities of Florida law because it lacks the signatures of the Testator and witnesses. § 732.502(1)....

...The so- called statutory testament is revised and retained by this Article, to be called the notarial testament.”). Nevertheless, there would be no point to recognize foreign notarial wills in section 733.205 if they were all barred by the prohibition of nuncupative wills in section 732.502(2)....

...Hamilton Inv. Trust, 351 So. 2d 14, 16 (Fla. 1977) (“Where possible, it is the duty of the courts to adopt that construction of a statutory provision which harmonizes and reconciles it with other provisions of the same act.”). Instead, we hold that section 732.502(2)’s 9 prohibition of nuncupative wills does not bar all notarial wills, but does bar notarial wills that are unsigned by the testator....

...This reading of the statute honors the policy of comity reflected in section 733.205 by recognizing the validity of most notarial wills, almost all of which are apparently signed by the testator according to the authorities disclosed by our research. It also honors the policy of limiting fraud and mistake reflected in section 732.502(1)’s strict formalities for wills in general and 732.502(2)’s exclusion of nuncupative wills from acceptable foreign wills. Applying this determination to the facts of this case, we conclude that the Argentine will is a notarial will, but it is a type of notarial will that is nuncupative because it is unsigned by the testator....

...l, the unsigned Argentine will cannot be admitted to probate in Florida and, therefore, does not operate to revoke the New York will. B. Benefit of Clarifying Legislation. 3 The parties dispute whether the Testator was a nonresident under section 732.502(2). The trial court did not make a fact finding on this point. For the reasons explained, we are able to resolve this dispute without such a fact finding. In cases turning on section 732.502, however, the trial court should make a factual determination whether the testator was a nonresident. 10  We cannot close this decision, however, without noting that this area of the law would benefit from clarifying legislation....

...ries visit, 4 To give one example, as discussed above, the Probate Code provides that the will executed by a nonresident of Florida is “valid as a will in this state if valid under the laws of the state or country where the will was executed.” § 732.502(2)....

...I do so because Florida, while recognizing the validity of notarial wills of non-residents if valid where made, does not recognize a nuncupative will under any circumstance. See § 733.205, Fla. Stat. (2013) (recognizing the validity of notarial wills executed by non-residents); § 732.502(2), Fla....

...will, other than a holographic or nuncupative will, executed by a nonresident of Florida, . . . is valid as a will in this state if valid under the laws of the state or country where the will was executed.” (Emphasis added.)). 5 See generally § 732.502(1), Fla....

...representative reciting that the names are not shown or not fully disclosed by the domicil-iaryforeign record and specifying the names. On presentation of the foregoing, the court shall admit the will and any codicils to probate if they comply with section 732.502(1) or section 732.502(2), Florida Statutes* (-2) in an intestate estate, the petition for administration; order appointing personal representative; and an authenticated copy of-letters of administration,-or their equivalent, with the part of the record sho...

...Florida law; adds new paragraph (b) to set forth required contents of petition for probate of will; moves former (b) to (c). Committee notes expanded; citation form change in committee notes. Statutory References F.S. 731.201 General definitions. F.S. 732.502 Execution of wills....

...rsonal representative reciting that the names are not shown or not fully disclosed by the domiciliary record and specifying the names. On presentation of the foregoing, the court shall admit the will and any codicils to probate if they comply with F.S. 732.502(1) or F.S. 732.502(2)....

...Florida law; adds new paragraph (b) to set forth required contents of petition for probate of will; moves former (b) to (c). Committee notes expanded; citation form change in committee notes. Statutory References F.S. 731.201 General definitions. F.S. 732.502 Execution of wills....

...personal representative reciting that the names are not shown or not fully disclosed by the domiciliary record and specifying the names. On presentation of the foregoing, the court shall admit the will and any codicils to probate if they comply with s. 732.502(1) or s....

...New subdivision (d) added to provide that any order admitting the decedent's will to probate without administration contain a finding that the will was executed as required by law. Committee notes revised. Statutory References § 731.201, Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 732.502, Fla....

...thdrew at the summary judgment hearing on January 30, 2017. One argument abandoned by Appellant was that the 2013 will was a foreign nuncupative will – a will dictated by a testator, typically on the deathbed – which is not valid in Florida, per section 732.502(2) of the Florida Statutes....

...validity, and therefore, it remains valid under Haitian law. It appears from the record that not only did Appellant not challenge the 2013 will’s validity in Haiti, but that she already is receiving the benefits of the 2013 will as one of its beneficiaries. Section 732.502(2) provides, in pertinent part: “Any will, other than a holographic or nuncupative will, executed by a nonresident of Florida . . . is valid as a will in this state if valid under the laws of the state or country where the will was executed.” § 732.502(2), Fla....

...at 524. On appeal, however, we concluded that the brother’s claim “was not a challenge to the validity of the will within the meaning of section 733.212(3).” Id. In reaching this conclusion, we explained: Florida requires strict compliance with its statutory provisions in the execution of wills. See § 732.502, Florida Statutes (2018)....

...The “will must be in writing,” “[t]he testator must sign the will at the end,” the testator must sign “in the presence of at least two attesting witnesses,” and the “witnesses must sign the will in the presence of the testator and in the presence of each other.” § 732.502, Fla....

...Self proof of wills is governed by the Florida Statutes. Former subdivision (a)(4) amended and transferred to new rule 5.215. Former subdivision (a)(5) amended and transferred to new rule 5.216. Statutory References § 731.201, Fla. Stat. General definitions. § 732.502, Fla....

...Thereafter, the parties conducted discovery. Jones filed an amended petition for administration seeking to impose a constructive trust. Ervolino subsequently filed a motion for summary judgment arguing the will was invalid as a matter of law pursuant to section 732.502(1)(c), Florida Statutes, thus the estate should proceed by intestate administration. On September 2, 2021, the trial court granted summary judgment and stated: “The Court having heard from all the parties, the Court grant...

...nsideration for the agreement and determined the letter to be a valid option contract. We cannot agree with this ruling which in effect sanctions a testamentary transfer of property that does not comply with the statutory requirements of a will. See § 732.502, Fla....

...statutes do not recognize as valid. While Louisiana law permits holographic wills, Florida does not unless the instrument is witnessed with the same formalities as any will. Florida law expressly does not recognize holographic wills executed by non- residents. Section 732.502(2), Florida Statutes (2019), states: Any will, other than a holographic or nuncupative will, executed by a nonresident of Florida, either before or after this law takes effect, is valid as a will in this state if valid under the laws of the state or country where the will was executed....

...voked “[b]y a subsequent will, codicil, or other writing executed with the same formalities required for the execution of wills declaring the revocation.” Id. (emphasis added). Here, because the 2015 Will was not executed with the formalities of section 732.502(1), it cannot be probated as a will in Florida, nor can it act as a revoking document. The trial court relied on Zaidman v. Zaidman, 305 So. 3d 330 (Fla. 3d DCA 2020) as controlling. In Zaidman, the decedent executed a will in Florida in 2012, with the requisite formalities under section 732.502(1), and then wrote a holographic will in Belgium in 2015....

...wills was to effectuate the intent of the testator, strict compliance with the probate code was a prerequisite to creating a revocation of a will. Id. at 332. The court found the holographic will was not executed in strict 4 compliance with section 732.502, Florida Statutes, and thus was invalid as a will in Florida....

...1966) (affirming trial court’s order denying the probate of a holographic will “because it was not attested by two witnesses”); In re Est. of Salathe, 703 So. 2d 1167, 1168 (Fla. 2d DCA 1997) (holding that holographic will executed by the decedent in Germany “is without force or effect under Florida law”) (citing § 732.502(2), Fla....

...wills prevented the holographic will from being recognized as an instrument of revocation, stating: The revocation clause within the 2015 Will fails under section 732.505, for the same reason the 2015 Will in its entirety fails under section 732.502—the formalities necessary for execution for an instrument of revocation are the same as those applicable to the Florida last will and testament sought to be revoked....

...sting witnesses. There are no exceptions by the legislature to that section and that statute makes no distinction as to whether the promisor was alive or deceased. Section 732.701 comports with the required formalities of will-making as contained in section 732.502 and is a reasonable requirement for the enforceability of agreements to make wills....

...The 2013 version has not been subsequently amended, and it is the version that applies in the instant case because the POA was executed in 2016. 4 https://www.flsenate.gov/Session/Bill/2011/670/Analyses/2011s0670.rc.P DF. 9 set forth in section 732.502, Florida Statutes (2000), “in order to create a valid will”); Jordan v. Fehr, 902 So. 2d 198, 201 (Fla. 1st DCA 2005) (“To create a valid will, a testator must strictly comply with the requirements of section 732.502....

...aith and in substantial compliance with Chapter 741.”); Metro. Dade Cnty. v. Shelton, 375 So. 2d 32 (Fla. 4th DCA 1979) (relating to three-day waiting period for marriage license); Bradley v. Bradley, 371 So. 2d 168 (Fla. 3d DCA 1979) (noting that section 732.502(1), Florida Statutes (1975), provides that the testator must sign will “At the end”; testatrix, Louise M. Bradley, used “Ramco Form 455,” with a single sheet that has printing on both sides, and on the front or first page, Mrs....

...Self-proof of wills is governed by the Florida Statutes. Former subdivision (a)(4) amended and transferred to new rule 5.215. Former subdivision (a)(5) amended and transferred to new rule 5.216. 2003 Revision: Committee notes revised. Statutory References § 731.201, Fla. Stat. General definitions. § 732.502, Fla....

...personal representative reciting that the names are not shown or not fully disclosed by the domiciliary record and specifying the names. On presentation of the foregoing, the court shall admit the will and any codicils to probate if they comply with section 732.502(1) or section 732.502(2), Florida Statutes; (2)in an intestate estate, the petition for administration; order appointing personal representative; and an authenticated copy of letters of administration, or their equivalent, with the part of the record showi...

...Bradley, 371 So.2d 168 (Fla. 3d DCA 1979), in which, incredibly, the testator signed the will at the same erroneous place on the same Rameo form as Mr. LeDuc. We also reject the alternative claim that the attestation of the will was insufficient under section 732.502(l)(b) & (c) 2 because there was evidence that at least one of the witnesses signed before the testator....

...That another person has subscribed the testator's name to it, must be in the presence of at least two attesting witnesses. (c) Witnesses’ signatures. — The attesting witnesses must sign the will in the presence of the testator and in the presence of each other.... § 732.502, Fla.Stat....

...s given the benefit of the doubt to the respondent. I therefore find that Mrs. Fatolitis was present when the respondent signed her name to the Last Will and Testament of Mike Syredis. In addition, I find that the respondent violated Florida Statute Section 732.502(l)(c) by signing his wife’s name to the Last Will and Testament of Mike Syredis....

...Committee notes revised. 2020 Revision: Committee notes revised. Citation form changes in committee notes. Statutory References § 731.201, Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. -9-  § 732.502, Fla....

is now explicitly required by the terms of Section 732.502(1), Florida Statutes (1975), effective January

...PER CURIAM. UPON CONFESSION OF ERROR  In these adversarial probate proceedings, appellant, Matthias Morrow, challenges an order striking the purported last will and testament of the decedent, Bunny Lee Morrow, as violative of section 732.502, Florida Statutes (2018)....

...g. Upon appellee’s commendable confession of error and our own independent review of the record, we reverse. Although the will was handwritten, it reflected the signatures of the testator, two witnesses, and a notary, along with a notary seal. § 732.502(1), Fla....

...[a]cknowledgment . . . [t]hat he or she has previously signed the will . . . must be in the presence of at least two attesting witnesses . . . . The attesting witnesses must sign the will in the presence of the testator and in the presence of each other.”); § 732.502(2), Fla....

...support thereof. It also found that the waiver attached to the 1982 Will applied to only that will and not to any subsequent will. Following Daughter’s motion for rehearing, the trial court clarified that the 2007 Will was executed in conformity with section 732.502, Florida Statutes (2007).2 Analysis This case turns heavily on the validity of the 2007 Will....

...ne is invalid, the old will may be re-established on the ground that the revocation was dependent upon the validity of the new one, testator preferring the old will to intestacy’”) (quoting Stewart v. Johnson, 194 So. 869, 870 (Fla. 1940)). 2 Section 732.502(1)(a)–(c), Florida Statutes (2007), provides: Every will must be in writing and executed as follows: (1)(a) Testator’s signature.-- 1....

...(c) Witnesses’ signatures.--The attesting witnesses must sign the will in the presence of the testator and in the presence of each other. 2  A will or codicil executed in conformity with s. 732.502 may be made self-proved at the time of its execution or at any subsequent date by the acknowledgment of it by the testator and the affidavits of the witnesses, made before an officer authorized to administer oaths and evidenced by the officer’s certificate attached to or following the will . . . . Section 732.503(1) contemplates that the will is already in compliance with section 732.502 before turning to section 732.503(1). Murray Adler’s affidavit, wherein he alleged he did not sign in the presence of the other witness, suggests that the March 2007 execution failed to comply with section 732.502. In order to properly execute a will under section 732.502, “[t]he attesting witnesses must sign the will . . . in the presence of each other.” § 732.502(1)(c), Fla....

...After discovery and prior to pretrial conference, the appellee voluntarily withdrew all counts except Counts I and III — forgery and failure to comply with the formalities of execution required by law. At trial, no testimony was offered to show that the requirements of section 732.502, Florida Statutes (1981), were not met....

...g instructions to an unspecified party to draw up a new will fails to comply with the statutory formalities required for will revocation, and therefore, the father’s will and codicil, in its unaltered form, must be admitted to probate. We agree. - Section 732.502 of the Florida Statutes sets forth the requirements for executing a will in Florida: 732.502 Execution of wills.— Every will must be in writing and executed as follows: (1) (a) Testator’s signature.— 1....

...ction (1) shall not be considered a holographic will. (3) No particular form of words is necessary to the validity of a will if it is executed with the formalities required by law. (4) A codicil shall be executed with the same formalities as a will. § 732.502, Fla....

compliance with the signature requirement of section 732.502, Florida Statutes (2013). The decedent, George

NORTHCUTT, Judge. Alice Bitetzakis appeals a probate court order admitting her father's purported will to probate. We reverse because the will in question was not executed in strict compliance with the signature requirement of section 732.502, Florida Statutes (2013)....

...His grandson was appointed personal representative and petitioned for the administration of a will dated in September 2013. The decedent's daughter, Alice Bitetzakis, responded to the petition, alleging inter alia that the will had not been executed in compliance with the statutory formalities set forth in section 732.502....

...Rivera's and Alequin's signatures do not appear on the self-proof affidavit. At the conclusion of the proceedings, the probate court announced its ruling: So with regard to the signing of the document, I'm finding that the document was signed in compliance with [ section] 732.502.......

...ng Witnesses" in front of the notary. Alice Bitetzakis timely appealed the probate court's order. We have jurisdiction. See Fla. R. App. P. 9.170(b). On appeal, Alice Bitetzakis argues that the decedent's will fails to conform to the requirements of section 732.502 because the decedent did not sign at the end of the will and the decedent's later signing of the self-proof affidavit was insufficient *300 to rectify his incomplete signature....

...Dalk , 826 So.2d 245 , 247 (Fla. 2002) (citing Elliott v. Krause , 531 So.2d 74 , 75 (Fla. 1987) ). However, "when testamentary intent is contained in a will, it can only be effectuated if the will has been validly executed" in strict compliance with section 732.502, Florida Statutes. Id. (emphasis added). Section 732.502(1)(a) dictates that in order to properly execute a will, the testator "must sign the will at the end" or else the testator's name "must be subscribed at the end of the will by some other person in the testator's presence and by the te...

...See Dalk , 826 So.2d at 247 ("[W]here a testator fails to sign his or her will, that document will not be admitted to probate."). Under these very unique circumstances, it is clear that the decedent recorded something less than his full customary signature and therefore did not sign the will within the meaning of section 732.502....

...Bitetzakis. NORTHCUTT, Judge. Alice Bitetzakis appeals a probate court order admitting her father's purported will to probate. We reverse because the will in question was not executed in strict compliance with the signature requirement of section 732.502, Florida Statutes (2013). The decedent, George Bitetzakis, passed away in January 2017....

...His grandson was appointed personal representative and petitioned for the administration of a will dated in September 2013. The decedent's daughter, Alice Bitetzakis, responded to the petition, alleging inter alia that the will had not been executed in compliance with the statutory formalities set forth in section 732.502....

...At the conclusion of the proceedings, the probate court announced its ruling: So with regard to the signing of the document, I'm finding that the document was signed in compliance with [section] 732.502 ....

...Witnesses" in front of the notary. Alice Bitetzakis timely appealed the probate court's order. We have jurisdiction. See Fla. R. App. P. 9.170(b). On appeal, Alice Bitetzakis argues that the decedent's will fails to conform to the requirements of section 732.502 because the decedent did not sign at the end of the will and the decedent's later signing of the self-proof affidavit was insufficient to rectify his incomplete signature....

...Dalk, 826 So. 2d 245, 247 (Fla. 2002) (citing Elliott v. Krause, 531 So. 2d 74, 75 (Fla. 1987)). However, "when testamentary intent is contained in a will, it can only be effectuated if the will has been validly executed" in strict compliance with section 732.502, Florida Statutes. Id. (emphasis added). Section 732.502(1)(a) dictates that in order to properly execute a will, the testator "must sign the will at the end" or else the testator's name "must be subscribed at the end of the will by some other person in the testator's presence and by the...

...2d at 247 ("[W]here a testator fails to sign his or her will, that document will not be admitted to probate."). Under these very unique circumstances, it is clear that the decedent recorded something less than his full customary signature and therefore did not sign the will within the meaning of section 732.502....

...thdrew at the summary judgment hearing on January 30, 2017. One argument abandoned by Appellant was that the 2013 will was a foreign nuncupative will – a will dictated by a testator, typically on the deathbed – which is not valid in Florida, per section 732.502(2) of the Florida Statutes....

...validity, and therefore, it remains valid under Haitian law. It appears from the record that not only did Appellant not challenge the 2013 will’s validity in Haiti, but that she already is receiving the benefits of the 2013 will as one of its beneficiaries. Section 732.502(2) provides, in pertinent part: “Any will, other than a holographic or nuncupative will, executed by a nonresident of Florida . . . is valid as a will in this state if valid under the laws of the state or country where the will was executed.” § 732.502(2), Fla....

...Rather, it challenged the effectiveness of the will’s disposition of the assets of the Rison Trust, an issue raised in the first instance by the PRs’ Petition for Instruction. Florida requires strict compliance with its statutory provisions in the execution of wills. See § 732.502, Florida Statutes (2018)....

...The “will must be in writing,” “[t]he testator must sign the will at the end,” the testator must sign “in the presence of at least two attesting witnesses,” and the “witnesses must sign the will in the presence of the testator and in the presence of each other.” § 732.502, Fla....

...The trial court’s conclusion was based on the absence of a judicial decree of divorce indicating that Salathe was legally married to the decedent at the time of her death. The decedent’s holographic will is without force or effect under Florida law. § 732.502(2), Fla....

...Guth executed a document which purported to be his will. At the time, the elder Guth was hospitalized and ultimately died on February 16, 1977. The will, handwritten on notebook paper, was duly witnessed and notarized but allegedly carried no attestation clause as required by Section 732.502(1), Florida Statutes....

...6  will as beneficiaries of the tangible or intangible property or to the persons entitled to receive the decedent’s personal estate under the laws of the decedent’s domicile. § 731.106(2), Fla. Stat. (2023). In addition, section 732.502(2), Florida Statutes (2023), provides: Any will, other than a holographic or nuncupative will, executed by a nonresident of Florida, either before or after this law takes effect, is valid as a will in this state if valid under the laws of the state or country where the will was executed. § 732.502(2), Fla....