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Bitetzakis v. Bitetzakis | 264 So. 3d 297 (2019)

Traditionally, a person must sign a document before it’s considered a final and valid will. But what if a person only half signs an intended will document? Is that document still a valid will? The Florida District Court of Appeal addressed this question in Bitetzakis versus Bitetzakis.

Gregory and Ana Bitetzakis met with a friend and their pastor to execute Gregory’s will. At Gregory’s request, the friend and the pastor both signed the will as witnesses.

Gregory then started to sign the will with his usual signature, which included his first and last name. But Ana asked him to stop signing because she thought he needed to sign in front of a notary. In response, Gregory stopped mid-signature, with only his first name, Gregory, and part of the letter B written on the will’s signature line.

The next day, Ana took Gregory to a notary to sign the will. But Gregory didn’t bring the will document. Instead, he brought a self-proving affidavit, which is a document for witnesses to sign. Gregory filled out the self-proving witness affidavit. Technically, the completed affidavit claimed that Gregory had witnessed himself signing a will that same day. Gregory fully signed the witness affidavit, and the notary authenticated Gregory’s affidavit signature.

Gregory died without ever fully signing the will document.

Gregory’s grandson was appointed as his personal representative and submitted the partially signed will to the probate court as Gregory’s will. Gregory’s daughter, Alice Bitetzakis, contested the will’s validity. Alice argued that the partial signature on the will document wasn’t enough to satisfy the statutory requirements to execute a valid will.

After hearing testimony from Gregory’s wife, friend, and pastor, the probate court found that Gregory had clearly intended the will document to be his final will. Gregory had stopped signing only because he incorrectly believed his signature needed to be notarized, and he went to a notary the next day to try to make the document his will. The probate court ruled that in these circumstances, Gregory’s partial signature was sufficient, and the will was valid.

Alice appealed the ruling to the Florida District Court of Appeal.

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