Legal Question in Wills and Trusts in Florida

My grandfather recently passed away. He hand wrote a four page will, hand two witnesses sign it, and had it notorized. One major complication, however, is that one page is missing. The missing page is not the first or last page. Is a four page will legal if one page is missing?


Asked on 7/17/10, 1:17 pm

2 Answers from Attorneys

Marc J. Soss Marc J. Soss, Esquire

If the Will meets the requirements of Section 733 of the Florida Statutes it is valid. A specific answer can not be provided without personally reviewing the document. With regard to the missing page, its importance will depend upon what provisions it (you believe) contained. In many cases, if the same result can be accomplished as if the Will did not exist, you can handle the matter through "intestate administration" (as if died without a Will).

It would be my pleasure to assist your family with this matter.

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Answered on 7/17/10, 4:51 pm

Possibly, but it is a problem that a judge may have to rule upon. Part of the problem is what was on that page, and how can you establish it. Also, in my experience, 90% of all homemade Wills fail if contested. Usually because the execution is not done properly.

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Answered on 7/18/10, 3:31 pm


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