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Bitezakis v. Bitezakis

Bitezakis v. Bitezakis, --- So.3d --- (Fla. 2d DCA 2019)
While it seems easy enough to execute a will, this case reminds us that a client's attempt to do so at home without the guidance of a lawyer may have serious unintended consequences if the will is not executed in strict compliance with the signature requirements of F.S. 732.502.
Here, the decedent and two friends were in his home when first, two witnesses signed a purported will of the decedent, and subsequently, the decedent began to sign the will but stopped after signing just his first name after his wife instructed him to stop because a notary was not present. The next day, she took the decedent to a notary, where he mistakenly executed an affidavit of subscribing witness in the presence of a notary. The trial court found that because it was the testator's intent that the document be his will, the will should be admitted to probate.
The Court reversed and found that because the will failed to conform to the requirements…