Caveglia v. Heinen

In 2014, while living in Louisiana, Rory MacDowell executed a will. The will nominated Edward Downey as personal representative. In 2015, MacDowell handwrote a will that purported to revoke the prior will. The 2015 will was not witnessed. Under Louisiana law, holographic wills were permitted. Around the end of 2018, MacDowell moved to Florida, and in mid-2019, he died. MacDowell’s daughter and son-in-law Margot and Christopher Caveglia (plaintiffs) were unaware that MacDowell had executed any will and petitioned for administration of an intestate estate. The court appointed the Caveglias as personal representatives. Thereafter, the 2014 and 2015 wills were discovered. MacDowell’s long-time partner, Diana Heinen (defendant), sought to probate the 2014 will. The Caveglias opposed, arguing that the 2015 will revoked the 2014 will under Louisiana law, the 2015 will was not recognized under Florida law, and MacDowell had died intestate. Heinen contended that the 2015 will was invalid under Florida law and could not serve to revoke the 2014 will. The parties stipulated that the 2014 will was executed in conformity with both Louisiana and Florida law. The court determined that Florida law applied and that the 2015 will was invalid under Florida law. The court granted summary judgment in Heinen’s favor and appointed Downey as personal representative based on the 2014 will. The Caveglias appealed.