Trust BCLP

Trust BCLP

lost or destroyed will

Main Content

Petition To Probate Copy Of Testator’s Will Denied

January 30, 2014

Authors

Luke Lantta

Petition To Probate Copy Of Testator’s Will Denied

January 30, 2014

by: Luke Lantta

Just a few months ago, we saw the Georgia Supreme Court decide that a copy of a will was good enough to admit to probate.  At that time, we said

Under Georgia law, if the original of a will cannot be found for probate, there is a presumption that the testator intended to revoke the will.  But this presumption can be overcome if a copy is established by a preponderance of the evidence to be a true copy of the original and if it is established by a preponderance of the evidence that the testator did not intend to revoke the will.

Now, in Britt v. Sands, we see that same Supreme Court decide that a copy was not good enough.  What was the difference?

Read More

Copy Of Will Was Good Enough

November 26, 2013

Authors

Luke Lantta

Copy Of Will Was Good Enough

November 26, 2013

by: Luke Lantta

Testators may want to keep careful track of who has copies of their will and where those copies are.  If only a copy of a will – and not the original – is found, it may raise a question about whether the testator destroyed the original in an attempt to revoke it.  Such was the argument made by the caveators in Johnson v. Fitzgerald.  Let’s see why the Georgia Supreme Court felt like a copy was good enough to admit to probate in solemn form.

Read More

New Florida Rule Of Appellate Procedure Affects Fiduciary Litigation

November 9, 2011

Authors

Luke Lantta

New Florida Rule Of Appellate Procedure Affects Fiduciary Litigation

November 9, 2011

by: Luke Lantta

On November 3, 2011, the Florida Supreme Court approved the Appellate Court Rules Committee’s proposed rule changes to the Florida Rules of Appellate Procedure.  Among the changes to the Florida Rules of Appellate Procedure is the addition of a new Rule 9.170, which governs appeal proceedings in probate and guardianship cases.

Because probate court cases often involve a number of different issues that are akin to a bunch of separate lawsuits all under one probate umbrella, the new rule helps clear up the question of what types of orders are appealable orders.

Read More
The attorneys of Bryan Cave Leighton Paisner make this site available to you only for the educational purposes of imparting general information and a general understanding of the law. This site does not offer specific legal advice. Your use of this site does not create an attorney-client relationship between you and Bryan Cave LLP or any of its attorneys. Do not use this site as a substitute for specific legal advice from a licensed attorney. Much of the information on this site is based upon preliminary discussions in the absence of definitive advice or policy statements and therefore may change as soon as more definitive advice is available. Please review our full disclaimer.