Q: Stepbrother claims there is no will. I have a copy. He says, its not a will. Could the copy hold up in probate court?
A:
A copy of a will may be valid in probate court, but it can face challenges. If the original will is lost or destroyed, the person presenting the copy must prove its contents and explain why the original is unavailable. This often requires testimony or affidavits from witnesses who saw the original or were familiar with its contents. The court will need to determine if the copy accurately represents the decedent's intent and meets all legal formalities of a valid will in Florida. The formalities of a valid will are: the testator (person making the will) must be at least 18 years old or an emancipated minor, the testator must be of sound mind when creating the will, the will must be in writing, the testator must sign the will at the end, and the will must be signed in the presence of at least two witnesses, who must also sign in the testator's presence.
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Terrence H Thorgaard agrees with this answer
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