The Florida Probate & Family Law Firm, based in Coral Gables, has obtained a significant appellate victory in a contested probate matter. The case involved the validity of a 2010 will, which was challenged by two beneficiaries represented by the firm.
Background of the Case
The beneficiaries, represented by firm attorneys Carling Dilella Freidzon and Samah T. Abukhodeir, argued that the will’s execution failed to conform to Florida’s statutory requirements. The probate court determined that defects in the notarization of the will rendered it invalid as a self-proving instrument under section 732.503 of the Florida Statutes.
The court’s decision was based on technical violations of Florida’s notary statute, section 117.05. Without the benefit of self-authentication, the burden shifted to the will’s proponent to prove the will’s formal execution and attestation at trial. However, the evidence offered to establish its due execution was insufficient to meet that burden.
Implications for Florida Families
The decision serves as a reminder that under Florida law, a will is only as strong as the formalities behind it. Florida imposes strict requirements on how a will must be signed, witnessed, and notarized. A properly executed self-proving affidavit allows a will to authenticate itself in probate, but notarization errors can strip away that protection entirely.
For families, the lesson is that anyone creating an estate plan should ensure their documents are executed with exacting attention to Florida’s statutory formalities. Beneficiaries who suspect a will was improperly executed should know that Florida law provides a meaningful path to challenge it.
The Florida Probate & Family Law Firm represents clients throughout South Florida in matters including probate administration and estate settlement, will contests and probate litigation, trust and fiduciary disputes, estate planning, guardianship proceedings, and family law matters.
Original reporting: KTBS 3 (Shreveport) — read the source article.
