Caselaw Update:


Will you be able to find the witness to your last will and testament 5, 10, 15, or 20 years after you sign your will? This case is a stark reminder to safeguard the original of your last will and testament in a safe deposit box or with your attorney in a fire-proof file cabinet. A lost or destroyed will is presumed destroyed with the intention to revoke the will (frustrating the intention of the deceased if the deceased did not intend to revoke the will). This court case determined that a written affidavit (a document signed under oath in front of a notary) of a witness to the signing of the will along with a copy of the will is not sufficient to get the lost will admitted to probate (the process to determine how the property of the deceased is paid to the heirs and creditors of the deceased). The court determined that there must be live testimony by a disinterested witness. Will any of the witnesses still be living in the local area where the deceased lived allowing for their testimony?  Brennan v. Estate of Brennan (5th DCA Florida 2010)