2 Florida Probate Code Manual § 10.04

Summary

The execution of a will without the prerequisite formality invalidates it and serves as a ground for challenge in a will contest. The testator must strictly comply with the statutory requirements in the execution of a will or codicil. See In re Estate of Bancker, 232 So. 2d 431 (Fla. 4th DCA 1970), cert. denied, 238 So. 2d 111 (Fla. 1970); Allen v. Dalk, 826 So. 2d 245 (Fla. 2002); Jordan v. Fehr, 902 So. 2d 198 (Fla. 1st DCA 2005); Price v. Abate, 9 So. 3d 37 (Fla. 5th DCA 2009); Malleiro v. Mori, 182 So. 3d 5 (Fla. 3d DCA 2015); Kelly v. Lindenau, 223 So. 3d 1074 (Fla. 2d DCA 2017); Bitetzakis v. Bitetzakis, 264 So. 3d 297 (Fla. 2d DCA 2019).

All Florida residents leaving property in this state must comply with the execution requirements even though the will or codicil is actually executed in a foreign jurisdiction. Nonresidents, leaving property in this state, can dispose of it by will or codicil, when the testamentary document is executed in accordance with the laws of the foreign ...