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 st...