Dahly v. Dahly
Florida District Court of Appeal
866 So. 2d 745 (2004)
- Written by Liz Nakamura, JD
Facts
Ronald N. Dahly, decedent, executed a last will and codicil. Subsequently, Ronald N. made several handwritten changes to the will and codicil, including crossing out certain provisions, adding heirs, and changing wording. In the margin, Ronald N. included a note stating, “please draw up new will making all changes noted here” and signed under the note. There were no witness signatures. After Ronald N. died, his wife, Maxine Dahly, submitted the original will containing the handwritten alterations to probate. At the probate hearing, Maxine then challenged the validity of the will and codicil, arguing the attempted alterations invalidated it. Ronald E. Dahly, Ronald N.’s son, countered, arguing that Ronald N.’s handwritten changes did not constitute a valid partial revocation of the will and that the original will was still valid and should be probated without alteration. The probate court ruled that the will and codicil were invalid and unenforceable. Ronald E. appealed.
Rule of Law
Issue
Holding and Reasoning (Palmer, J.)
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