Under Florida law, the will of nonresident may be admitted to probate in Florida even if it does not meet Florida requirements if it is valid under the law of the state or country where executed. Fla. Stat. § 732.502(2). However, under the same statute, a holographic or nuncupative will created by a nonresident may not recognized as valid. In Malleiro v. Mori, No. 3D14–95, 2015 WL 5714701 (Fla. Dist. Ct. App. Sept. 30, 2015), the Florida intermediate appellate court held that a notarial will, dictated to a notary who reduced it to writing and signed by three witnesses but not by the testator, while valid under the laws of Argentina where it was created, was not entitled to probate in Florida because it was not signed by the testator and is therefore a nuncupative will.
Special thanks to William LaPiana (Professor of Law, New York Law School) for bringing this case to my attention.
