## Facts

- Louise Bradley prepared her own will without a lawyer, using a preprinted form.
- The will consisted of two pages, printed on both sides of a single sheet of paper.
- On the first page, Louise handwrote her intended disposition of her estate and named one of her sons as executor.
- On the second page, a notary public signed and stamped the document on the line intended for Louise’s signature.
- Three witnesses then signed below the notary’s signature.
- Below the witnesses’ signatures was a sideways “Will of” identification section printed to fit at the bottom of the page; Louise signed her name under “Will of.”
- The notary signed again below Louise’s signature in the identification section.
- The trial judge admitted the will to probate without taking testimony.
- The only evidence submitted in support of due execution was a sworn oath (on a form) from one of the subscribing witnesses.
- A group of heirs who would take under intestate succession if the will were invalid challenged probate, arguing that the will’s signature and attestation arrangement created doubt about satisfaction of Florida’s execution requirements.

## Issues

1. Whether the probate court may admit a will to probate without live testimony when the face of the instrument contains irregularities that cast doubt on whether the will was executed as required by Florida law (including whether the testator signed “at the end” of the will).

## Decision

- The appellate court reversed the order admitting the will to probate.
- The case was remanded for further proceedings, including the taking of testimony regarding the circumstances of execution and attestation.
- Because the document’s signature placement (including the notary signing on the testator’s line and the testator signing in a separate sideways identification block) supported competing inferences about statutory execution, the probate court erred in relying only on the instrument and a single witness’s written oath.

## Legal Principles

- Florida statutes governing execution of wills require the testator to sign the will “at the end” and require proper witnessing.
- When a purported will is facially irregular in a way that raises real doubt about whether statutory execution requirements were met, probate should not be granted on the paper record alone.
- A form oath from one subscribing witness, without in-court testimony, may be insufficient to establish due execution when the instrument itself creates uncertainty; the court must develop an evidentiary record before determining validity.

## Conclusion

Bradley v. Bradley holds that when a will’s layout and signatures create significant uncertainty about whether Florida’s execution formalities were satisfied, the probate court cannot admit the will to probate based only on the document and a single witness’s written oath; it must take live testimony to resolve the factual questions surrounding execution.


Bradley v. Bradley, 371 So. 2d 168 (1979)