Engelberg v. Birnbaum

The personal representative under an earlier will has filed a petition for writ of certiorari, seeking review of the trial court’s order which found that he lacks standing to contest a later will. The parties agreed that the challenged order is *829appealable under rule 5.100, Florida Probate Rules. See In re Baker’s Estate, 327 So.2d 205 (Fla.1976). For the reasons hereinafter recited, we reverse and remand, while certifying the issue here as being one of great public importance.

Historically, there has been a split of authority on the question of standing. See Annotation, Will—Contest—Personal…