The Florida Probate & Family Law Firm Secures Appellate Win in Contested Probate Case
CORAL GABLES, FL – The Florida Probate & Family Law Firm announced a significant appellate victory on behalf of its clients in a contested probate matter. In an opinion issued May 6, 2026, Florida’s Third District Court of Appeal affirmed a Miami-Dade County probate court ruling that revoked a contested will, ruling in favor of the beneficiaries represented by the firm.
Firm attorneys Carling Dilella Freidzon and Samah T. Abukhodeir represented the prevailing parties, two beneficiaries who challenged the validity of a will on the grounds that its execution failed to conform to Florida’s statutory requirements.
What the Court Decided
According to the published opinion, the probate court determined that defects in the notarization of the will rendered it invalid as a self-proving instrument under section 732.503 of the Florida Statutes, due to technical violations of Florida’s notary statute, section 117.05. Without the benefit of self-authentication, the burden shifted to the will’s proponent under section 733.107 to prove the will’s formal execution and attestation at trial.
The opinion notes that the will had been executed roughly fifteen years before trial, and the evidence offered to establish its due execution was insufficient to meet that burden. The probate court revoked the will, and the Third District Court of Appeal affirmed the ruling in full.
Why This Case Matters for Florida Families
The decision is a powerful reminder that under Florida law, a will is only as strong as the formalities behind it. Florida imposes strict requirements on how a will must be signed, witnessed, and notarized. A properly executed self-proving affidavit allows a will to authenticate itself in probate, but notarization errors can strip away that protection entirely.
When that happens, the party seeking to uphold the will must prove its proper execution, sometimes decades after the fact, when records are incomplete and memories have faded. As this case demonstrates, that burden can be impossible to meet, and an otherwise plausible-looking document can be set aside.
For families, the lesson cuts both ways. Anyone creating an estate plan should ensure their documents are executed with exacting attention to Florida’s statutory formalities. And beneficiaries who suspect a will was improperly executed should know that Florida law provides a meaningful path to challenge it.
Services Offered by The Florida Probate & Family Law Firm
The Florida Probate & Family Law Firm represents clients throughout South Florida in matters including probate administration and estate settlement, will contests and probate litigation, trust and fiduciary disputes, estate planning, guardianship proceedings, and family law matters. The firm’s attorneys handle disputes at every stage, from initial probate filings through appeal.
This outcome reflects the preparation and persistence our team brings to every matter, said attorney Samah T. Abukhodeir of The Florida Probate & Family Law Firm. Probate disputes are deeply personal for the families involved, and we are proud to have secured this result for our clients at both the trial and appellate levels.
About The Florida Probate & Family Law Firm
The Florida Probate & Family Law Firm is a Coral Gables-based law practice dedicated to probate, estate, guardianship, and family law matters across Florida. The firm is committed to providing compassionate, results-driven representation for individuals and families navigating some of life’s most difficult legal challenges, including inheritance disputes, will contests, and related probate litigation.
For more information or to schedule a consultation, visit the firm’s website or contact the office directly.
Media Contact
Company Name: Florida Probate & Family Law Firm
Contact Person: Luna Irizarry
Email: Send Email
Phone: (305) 384-1540
Address:2600 S Douglas Road, Suite 502
City: Coral Gables
State: FL
Country: United States
Website: https://floridaprobateandfamilylaw.com/
