Competing Testamentary Documents and How Florida Courts Resolve Them
Few things derail a probate case faster than discovering more than one will. Families expect a single, clear document that spells out the decedent’s wishes. Instead, they suddenly face conflicting instructions, different beneficiaries, unclear dates, and a legal battle over which document actually controls the estate.
In Miami-Dade probate courts, multiple-will situations are far more common than people think — especially when someone rewrites their will late in life, relies on DIY templates, or leaves unwitnessed notes that complicate everything. These cases become messy fast, and judges must dissect every document to determine which one, if any, is valid.
Here’s how the law handles this problem — and what families should do the moment additional wills surface.
The Rule: The Most Recent Valid Will Controls
Florida law is clear: the will with the latest valid date, properly executed under Florida statute, is the controlling will.
But “properly executed” is the catch. A newer will that fails Florida’s formalities is worthless, even if it expresses the decedent’s final intentions.
To be valid, a Florida will must:
- Be in writing
- Be signed by the testator
- Be signed by two witnesses, who sign in each other’s presence
Handwritten wills, foreign-style notarial wills, or unsigned drafts fail this test every time.
So when multiple wills appear, the court isn’t looking at what the decedent wanted — it’s looking at what the decedent validly signed.
Why Multiple Wills Appear in the First Place
These situations usually fall into predictable patterns:
1. The Testator Updated Their Will Several Times
Often due to marriage, divorce, new children, changes in wealth, or fallouts with relatives.
2. DIY Online Wills or Unfinished Drafts
People print templates, change them, modify them, sign some but not others — leaving chaos.
3. Handwritten Notes or Letters
A decedent may jot down new wishes without understanding such notes are not legally binding in Florida.
4. Family Finds a “Secret” Will After Death
Sometimes tucked away in safes, storage units, or even emailed to family members.
5. Suspicious Late-in-Life Changes
Often arising when someone with cognitive decline is influenced by a caretaker or relative.
Each situation demands legal scrutiny.
What Probate Attorneys Do First
Once multiple wills surface, the attorney’s job is to quickly determine:
- Which will is the newest?
- Which wills were properly executed?
- Which wills revoke the others?
- Is there evidence of fraud, forgery, or undue influence?
Every valid will should contain a revocation clause stating that it cancels all prior wills. But when that clause is absent — or when a will is invalid — the court must untangle the conflicts.
When Wills Conflict: How the Court Sorts Them Out
1. If the newest will is valid → It controls
Plain and simple — the court admits it to probate and disregards all earlier wills.
2. If the newest will is invalid → The next-most-recent valid will controls
This happens frequently when:
- A decedent signs a DIY will without witnesses
- A foreign notarial will fails to meet Florida requirements
- A later will was forged or influenced
3. If none of the wills are valid → The estate becomes intestate
Florida’s intestacy statutes take over, and heirs inherit based on bloodline — not the decedent’s wishes.
4. If the wills contradict each other → The court applies the one that meets formalities and clearly revokes earlier versions
Ambiguities lead to hearings, witness testimony, and sometimes handwriting experts.
What Happens When Someone Challenges a Will?
Any interested person — spouse, child, beneficiary, creditor — can file an objection.
Common grounds include:
- Lack of capacity
- Undue influence
- Forgery
- Fraud
- Improper execution
- Revocation by subsequent will
Challenges trigger litigation inside the probate case, often requiring:
- Depositions of witnesses
- Medical records
- Attorney testimony
- Expert analysis
- Document authenticity reviews
These cases can delay probate for months or years.
The Danger of “Late-in-Life” Wills
Miami probate courts see a surge of what attorneys call deathbed wills — documents executed when the decedent was:
- Hospitalized
- On medication
- Suffering dementia
- Isolated by a new caretaker
- Under pressure from one beneficiary
These wills are red flags for undue influence. Judges scrutinize every detail:
- Who drove the decedent to sign?
- Who was present?
- Who chose the attorney?
- Did the beneficiary benefit more in the later will?
If the facts look suspicious, the newer will may be thrown out.
When Wills Don’t Clearly Revoke Each Other
Some wills fail to include a revocation clause. In that situation:
- The newer will may override only the provisions that conflict
- The rest of the earlier will may still stand
This creates a hybrid estate plan — confusing, messy, and easy to contest.
Probate attorneys typically seek court clarification to avoid improper distributions.
Real-World Miami Example
A man in Brickell left behind:
- A 2015 will naming his two sons
- A 2018 will naming one son and a new wife
- A handwritten 2022 letter leaving everything to the new wife
- An unsigned will found in a desk drawer
The court ruled:
- The 2022 handwritten letter was invalid
- The unsigned draft was worthless
- The 2018 will was valid and revoked the 2015 will
The new wife inherited half, and the sons split the rest — consistent with the 2018 document.
If the 2018 will had failed Florida’s execution requirements, the 2015 will would have controlled instead.
What To Do If You Discover Multiple Wills
1. Do NOT destroy, hide, or ignore any will
That’s illegal and can be prosecuted as fraud.
2. Provide every version to the probate attorney
Even if you think one is fake or irrelevant.
3. Preserve the originals
Courts treat originals differently than copies.
4. Expect delays
Multiple wills require hearings, objections, authentication, and analysis.
5. Prepare for possible litigation
Disputes over multiple wills are among the most litigated issues in probate.
Takeaways
- When multiple wills surface, Florida courts prioritize the most recent validly executed will.
- Invalid wills — especially unwitnessed or improperly signed ones — are disregarded.
- If no valid will exists, the estate follows Florida intestacy law.
- Suspicious late-in-life changes often trigger undue influence challenges.
- Every discovered will must be disclosed, analyzed, and authenticated.
- Multiple-will situations almost always slow down probate and increase litigation risk.
If your family uncovers competing wills, treat the situation like a potential legal dispute from the start. How you handle those documents in the first few days can determine the entire outcome of the estate.
