Bitetzakis v. Bitetzakis
264 So. 3d 297 (2019)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
For a will to be validly executed, a testator must strictly comply with all statutory formalities, including the signature requirement; a testator's clear intent to create a will cannot cure a defective execution where the signature is incomplete and was not intended to be the final mark of assent.
Facts:
- George Bitetzakis gathered at his home with his wife, Ana, and two witnesses, Thomas Rivera and Santiago Alequin, to execute his will.
- At George's request, Rivera and Alequin signed the will as witnesses.
- After the witnesses signed, George began to sign the will but only wrote his first name, 'George.'
- His wife, Ana, incorrectly believed a notary was required and instructed him to stop signing.
- Following his wife's instruction, George stopped signing before writing his last name, which he customarily included when signing documents.
- The next day, George went to a notary but did not bring the will.
- Instead, George signed a separate document titled 'Affidavit of Subscribing Witnesses' in front of the notary.
- The original witnesses, Rivera and Alequin, did not sign this separate affidavit.
Procedural Posture:
- After George Bitetzakis's death, his grandson petitioned the Florida probate court to admit a 2013 will to probate.
- The decedent's daughter, Alice Bitetzakis, challenged the petition, arguing the will was not executed with the required statutory formalities.
- The probate court conducted an evidentiary hearing.
- The probate court found that the will complied with the statute, reasoning the testator's intent was evident, and entered an order admitting the will to probate.
- Alice Bitetzakis (appellant) appealed the probate court's order to the Florida District Court of Appeal.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does a testator's partial, incomplete signature on a will, which was intentionally stopped due to a mistaken belief about a legal requirement, satisfy the statutory mandate that a will must be signed by the testator at the end?
Opinions:
Majority - Northcutt, Judge
No. A partial, incomplete signature does not satisfy the statutory signature requirement when the testator did not intend for the partial writing to serve as their final assent to the will. Florida law requires strict compliance with will execution formalities as set forth in section 732.502. While a testator's intent is paramount in construing a will, that intent can only be effectuated if the will is validly executed in the first place. The evidence demonstrated that the decedent, George Bitetzakis, did not intend for his first name to be his complete signature; rather, he stopped signing based on his wife's mistaken advice. This differs from cases where a testator uses a mark, such as an 'X', with the intent that the mark constitute their signature. Here, the decedent's subsequent attempt to sign a self-proof affidavit further proves he did not believe his partial signature on the will was sufficient to validate it. Because the will was not signed at the end as required by statute, the probate court erred in admitting it.
Analysis:
This decision reaffirms Florida's strict adherence to the formal requirements for will execution, prioritizing statutory compliance over the testator's subjective intent. It clarifies that an incomplete signature, resulting from an interruption, cannot be construed as a valid 'mark' unless there is clear evidence the testator intended for the partial inscription to be their final act of assent. This ruling serves as a strong reminder that courts will not 'save' a defectively executed will, even when the testator's wishes are apparent. The case underscores the critical importance of precise adherence to legal formalities in estate planning to avoid invalidation.
Unlock the full brief for Bitetzakis v. Bitetzakis