Legal Question in Wills and Trusts in Florida

Can a notarized will be contested?
My grandfather died a month ago. We found a will with witnesses, but no notary. The will was filed with the court. We found one of the witnesses, but 4 of the heirs said they plan to contest.

Last week an original notarized will was given to the court by a friend of my grandfather. It says the same thing as the one that was found with no notary stamps. Can a notarized will be contested if the person was of sound mind when it was executed?

Asked on 1/27/04, 10:36 pm

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Re: Can a notarized will be contested?

Firstly, a will need not be notarized in Florida. The testator (person making the will) must sign in the presence of 2 witnesses who also sign the will.

Florida does have a Self-Proving Affidavit that can be attached to the will (but is optional). This Affidavit must be notarized. Regardless of the affidavit the witness requirment is necessary.

In regards to contesting the will, as the previous reply mentions, if the will is validly executed it is difficult to show undue influence. It is advisable to contact an attorney to discuss further details (i.e. if one of the witnesses was an interested witness--meaning he/she is receiving a gift from the will).

Should you have further questions, please do not hesitate to contact me directly via email or phone at (407) 353-4728.

Answered on 1/28/04, 1:07 pm

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