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Research on the Issue of How to Prove a Will

Question

If a Will is not self-proved, you must prove to the Court that the Will was properly executed in order to have it admitted to probate.

Please draft a letter to me as an attorney who has asked you to research the issue of how to prove a Will which does not contain a self-proving affidavit. Please make sure that you indicate in your letter what procedures need to be taken and what documentation needs to be submitted if:

  1. There is only one witness available in Florida, who was present when the testator signed his Will; and
  2. None of the witnesses to the Will can be located and the nominated personal representatives reasonably believes that both witness are deceased;
  3. The only witness to the Will who can be found lives in the state of New York and has no reason to come to Florida.

In addition, please make sure you cite the statutes and/or case law you use to provide your answer. And also, make sure you attach to your letter to Attorney Alan Jay Lewis, copies of the documentation that you are proposing should be used to accomplish the "proving of the Will" that does not have a self-proving affidavit attached to it.

Please address your letter to:                                       

Alan Jay Lewis, Esq.

3109 Stirling Road, Suite 101

Ft. Lauderdale, Florida 33342

Summary: This question is related to a case study and discusses about if a Will is not self-proved, you must prove to the Court that the Will was properly executed in order to have it admitted to probate.

Total word count: 730

 

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