In short: The Bacino argument involves a father who wrote his own 2015 and 2017 wills, a 2017 will that couldn’t be found, and an email to a disinherited son six days before death suggesting a change of heart. It raises Florida’s lost-will rules (§ 733.207), the presumption that a missing will was destroyed, and dependent relative revocation. We haven’t located a published decision.
This argument has every element of a classic will fight: self-drafted wills, an estranged family, a missing original, and a last-minute message.
The Facts as Argued
According to the oral argument, the decedent’s 2015 and 2017 wills left his estate to grandchildren, one son, and charities, while disinheriting his other sons. The 2017 will revoked the 2015 will. The original of a will couldn’t be located. About six days before he died, the decedent emailed one of the disinherited sons in terms that son said showed a change of heart. The arguments also addressed whether an incomplete hearing transcript prevented appellate review.
Outcome: We have not located a published decision for this appeal. Many appeals end in an unpublished affirmance or a dismissal. Check the court’s online docket before relying on any result. The case facts below come from the oral argument, not from a court opinion.
Lost Wills in Florida
- A lost or destroyed will can be probated if the proponent proves its due execution and its contents, and that it wasn’t revoked (§ 733.207). The contents must be proved by a correct copy and one disinterested witness, or by two disinterested witnesses.
- When an original will last in the testator’s possession can’t be found, Florida presumes the testator destroyed it with the intent to revoke. The proponent must rebut that presumption with competent, substantial evidence.
Dependent Relative Revocation
If a testator revokes an old will only because he believes a new will is effective, and the new will fails, courts may disregard the revocation and revive the old will. The doctrine asks what the testator would have wanted: the old plan, or intestacy.
Can an Email Change a Will?
Not by itself. Florida requires a will to be signed and witnessed (§ 732.502), or executed as an electronic will under Chapter 732’s electronic-will rules. An email can be evidence of intent, but it isn’t a will.
Lessons
- Store the original will with your lawyer or deposit it with the clerk.
- Self-drafted wills multiply these problems.
- If you have a change of heart, sign a new will. An email won’t do it.
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. We have not located a published decision in this appeal, so treat the argument as illustration, not as the court’s ruling.
In re Estate of Bacino — Lost Will, Dependent Relative Revocation & Deathbed Email
Go Deeper
- The Original Will in Florida: Who Must Deposit It, How to Find It, and What Happens If It’s Lost
- How to Contest a Will in Florida: Who Can Sue, What You Must Prove, and the 3-Month Deadline
Frequently Asked Questions
Can a lost will be probated in Florida?
Yes, if the proponent proves execution, contents (by a copy and one disinterested witness, or two disinterested witnesses), and non-revocation under § 733.207.
What happens if the original will can't be found?
If it was last in the testator’s possession, Florida presumes he destroyed it to revoke it, and the presumption must be rebutted.
What is dependent relative revocation?
A doctrine that can disregard a revocation made only because the testator believed a new will was valid, if the new will fails.
Can an email change a will in Florida?
No. It can be evidence of intent, but a valid will requires the statutory formalities.
Talk to a Florida will contest lawyer
Weidner Law, P.A. handles lost-will and will contest cases. If you need a will contest lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
