Can You Re-Litigate a Lost Will in Florida After It’s Been Deemed Invalid?

Under Florida law, interested parties can petition the court to establish a lost or destroyed will. However, that opportunity is not without limits. Once a court has ruled that a supposed lost will is invalid, you cannot simply refile the same petition or tweak the document a bit to try and see if the court will validate it. Florida courts firmly uphold finality in probate matters.

Our Tampa probate litigation attorneys at Bleakley Bavol Denman & Grace understand how frustrating it can be when a lost will is declared invalid. But we also don’t want you to waste time, money or emotional energy pursuing a claim that is unlikely to succeed. That’s why it’s crucial to understand what Florida law actually allows and when the door to further litigation has already closed.

Copy of Lost Will Rejected by Florida Court

In this case, the petitioner attempted to probate a lost will that was supposedly executed by the deceased. The probate court carefully reviewed the document and determined that it was invalid because it lacked proper witnesses and included a defective notarization. These mistakes cannot be fixed by Florida law.

On August 17, 2021, the court issued a final order stating that the estate would be treated as interstate, meaning it would be treated as if the decedent died without a will. The petitioner did not appeal this decision, and once the deadline to appeal passed, the ruling became final and binding.

Over a year later, the petitioner submitted what she called a “renewed” petition, claiming to have a second lost will. However, the document she provided was essentially the same as the one previously rejected. She later tried to submit another version, this time without the signature and notarization, but it still had the same main terms.

The estate filed a motion to dismiss, arguing that the petitioner was trying to relitigate an issue that had already been resolved. The probate court agreed, emphasizing that the petition did not introduce a new will but instead repacked the same invalid document. The petitioner filed an appeal.

At the appellate level, the main question was whether someone could probate the same lost will after it had already been declared invalid in a final order. The Third District Court of Appeal ruled that the original order from August 17, 2021, was a final, appealable judgment. Since no appeal was filed, that decision became the law of the case. As per this principle, a party cannot bring back or relitigate the same issue later on.

The petitioner also tried relying on Florida Rule of Civil Procedure 1.540(b)(2), claiming that new evidence supported the lost will. However, such motions must be filed within a year of the final order. Since the motion was filed over a year after the ruling, the court couldn’t consider it.

Some key things to learn from this case include:

• Once a court declares a lost will invalid and the decision is final, the matter is closed.
• Missing the deadline to appeal a final order eliminates any future opportunity to challenge the ruling.
• Filing the same will with minor changes doesn’t create a new case.
• Late motions, even with new evidence, cannot be used to re-litigate a final decision

Contact a Tampa Probate Litigation Attorney Today

If you’re dealing with a lost will dispute in Florida, contact our experienced Tampa probate litigation attorneys at Bleakley, Bavol, Denman & Grace for help navigating the process efficiently and avoiding costly mistakes.

Source:

google.com/scholar_case?case=14121174250526668767&q=No.+3D23-0054&hl=en&as_sdt=4,10,325,326,327