## Facts

- Rory Ernest MacDowell executed a witnessed will in Louisiana on May 15, 2014, nominating Edward Downey as personal representative.
- In 2015, while still in Louisiana, MacDowell handwrote an unwitnessed document stating he revoked prior wills; the parties did not dispute it would be valid as a holographic will under Louisiana law.
- MacDowell moved to Florida around the end of 2018 and died in Florida in July 2019.
- Believing MacDowell died intestate, Margot and Christopher Caveglia petitioned for intestate administration and were appointed personal representatives.
- A relative later found both the 2014 will and the 2015 handwritten document; Diana Heinen petitioned to probate the 2014 will.
- The parties stipulated the 2014 will was executed in compliance with both Florida and Louisiana law.
- On cross-motions for summary judgment, the Caveglias argued the 2015 instrument revoked the 2014 will under Louisiana law, leaving an intestate estate in Florida; Heinen argued an instrument invalid as a Florida will could not revoke the 2014 will.

## Issues

1. Which state’s law governs the validity of a later testamentary instrument and its claimed revocation of an earlier will when the testator dies domiciled in Florida?
2. Whether an unwitnessed holographic will executed in Louisiana, though valid there, can revoke a formally valid earlier will when Florida law does not recognize the holographic instrument as a valid will.

## Decision

- The appellate court affirmed summary judgment admitting the 2014 will and appointing Downey as personal representative.
- The court applied the rule that validity of a testamentary instrument is determined by the law of the testator’s domicile at death.
- Because MacDowell was domiciled in Florida at death, Florida law governed the validity of the 2015 handwritten instrument.
- Under Florida law, the unwitnessed 2015 holographic instrument was not a valid will and could not be recognized as revoking the 2014 will.
- The trial court properly revoked the Caveglias’ intestate letters and proceeded under the 2014 will.

## Legal Principles

- For conflicts purposes, the formal validity of a testamentary instrument (including whether it can effect revocation) is governed by the law of the testator’s domicile at death.
- Florida execution formalities require a will to be signed with the attestation of two witnesses; an unwitnessed holographic document is not valid unless it satisfies Florida’s statutory requirements.
- A purported revocation by later will depends on a later instrument that is valid under the governing law; an invalid “will” cannot be given effect to revoke a valid prior will.

## Conclusion

Because the decedent died domiciled in Florida, Florida law controlled the validity of the later handwritten instrument; since it was unwitnessed and not a valid Florida will, it could not revoke the valid 2014 will, and the estate properly proceeded under the 2014 will with the nominated personal representative.


Caveglia v. Heinen, 359 So. 3d 745 (Fla. 4th DCA 2023)