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A huge congratulations is in order for Chuck Rubin for being elected as an ACTEC (American College of Trust and Estate Counsel) Fellow!
Malleiro v. Mori, Mori and Corallo
Malleiro v. Mori, 182 So.3d 5 (Fla. 3d DCA 2015)
This case serves as a lesson in rarely used words buried in the Florida Probate Code. The Court was asked to determine whether an unsigned notarial will executed in Argentina was a valid will under the Florida Probate Code. The Court ultimately held that because the Argentine will was unsigned, even though it was a notarial will, it was a noncupative will prohibited by the Florida Probate Code.
The testator executed a valid will in New York distributing her real and personal property located in the United States. Four months later, she executed a second will in Argentina. The Argentine will was not executed with the usual formalities of American wills. Instead, the testator orally pronounced her testamentary wishes to a notary who transcribed them in the presence of three witnesses. The testator orally approved the typewritten will in the presence of the witnesses, and the notary signed and stamped the will. The testator and the wi…
This case serves as a lesson in rarely used words buried in the Florida Probate Code. The Court was asked to determine whether an unsigned notarial will executed in Argentina was a valid will under the Florida Probate Code. The Court ultimately held that because the Argentine will was unsigned, even though it was a notarial will, it was a noncupative will prohibited by the Florida Probate Code.
The testator executed a valid will in New York distributing her real and personal property located in the United States. Four months later, she executed a second will in Argentina. The Argentine will was not executed with the usual formalities of American wills. Instead, the testator orally pronounced her testamentary wishes to a notary who transcribed them in the presence of three witnesses. The testator orally approved the typewritten will in the presence of the witnesses, and the notary signed and stamped the will. The testator and the wi…
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