Legal Question in Wills and Trusts in Florida
Which Will is Valid?
About a month ago a relative died. The day he died, we found 2 wills. The most recent was signed by two witnesses, but un-notarized. We have not been able to locate any of those witnesses. That will was created within the past year. The second will is signed and notarized. We have located the notary and he remembers notarizing the will. That will was done 3 years go, but it divides everything similary to the first. Both wills were filed with the court. Some of his relatives (his sister and brother) filed papers (about 10 days ago) saying the first will is a forgery (no one thinks it is, but them) and they want to be declared sole heirs under intestate laws.
We also have a will that was notarized and excuted in the state that he used to live in about 10 years ago. That has not been filed, we just found it this weekend as we were cleaning his house and going through papers.
His brother and sister think that if the un-notarized will is not vaild, then none of the other wills are either.
Even if they could prove the first will is a forgery, dont the notarized wills become the next valid wills? To be declared sole heirs under intestate laws, dont they have to prove that every will he executed was invalid?
1 Answer from Attorneys
Re: Which Will is Valid?
A will DOES NOT need to be notarized. From the facts presented it sounds like the second will is a valid will as it was signed by 2 witnesses. The language in the second will needs to be reviewed carefully. If the subsequent will states that prior wills are revoked, then the latest will (without notary) takes priority. Should you have further questions, please do not hesitate to contact me via email or phone at (407) 353-4728.
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