6 Things Florida Probate Litigators Need to Know About Prior Wills and Will Contests– the doctrine of dependent relative revocation & Estate of Murphy

If you are involved in a Palm Beach will contest, your Florida probate attorney will want to know if there are prior wills.  What did the other wills say?  Who inherits under the present will, versus the prior wills?  Now, your probate litigation law firm in West Palm Beach will want to know about the doctrine of dependent relative revocation, which may, “revive” prior wills in a Palm Beach probate if the present will is found to be invalid, such as by undue influence or lack of capacity.  So, here are 6 things your estate lawyer needs to know about the Florida doctrine of dependent relative revocation.  To read more about this probate legal concept, you can click on this link and read about the Estate of Murphy, Rocke v. American Research Bureau.  The Estate of Murphy case is perhaps one of the most important probate lawsuit and will contest appeals court opinions issued in Florida recently.  The citation is 184 So. 3d, 1221 (Fla., 2nd DCA, January 20, 2016) and here is the link to read this free will contest appeal opinion:http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2016/January/January%2020,%202016/2D14-4107rh.pdf

6 Things Florida Estate Lawyers Need to Know About The Doctrine of Dependent Relative Revocation (and whether prior wills are valid if the will contest overturns a Florida will)

1. Appeals Courts Grapple Evidentiary Presumption–Will contests in Florida, & whether a prior will is valid, or not, if the present one is void, often deal with mixed issues of fact and law. Know that the doctrine is an evidentiary presumption which is subject to a de novo standard of review.  Compare this to findings of fact which are upheld if they are based upon competent substantial evidence.  Florida appeals court tip: know what you are proving in your probate trial in case there is an appeal of the inheritance lawsuit, and then what standard the district court of appeal will apply to your appellate issues. Are you appealing the application of a probate law or the finding of facts?
2. Issue of Fact with a Legal Presumption— Was the doctrine of dependent relative revocation about other wills in a Florida
   probate proven by facts such as testimony, documents and witnesses?  Whether those “predicate facts,” which give can rise to a presumption that the doctrine of dependent relative revocation exists, or applies, is an issue of fact.  This also includes whether or not you are trying to rebut the doctrine of dependent relative revocation.  If the person who thinks the doctrine applies has not demonstrated that the doctrine applies by evidence, that lack of predicate facts,  you should argue, fails to give rise to this legal presumption and therefore it does not apply.  Those findings of fact by a probate court judge, will be reviewed by a Florida appeals court for competent substantial evidence.  Was there competent substantial evidence from which the probate court could draw the inference, or come to the conclusion, that the doctrine of dependent relative revocation applies?
3. The Presumption— in Florida probate, there is a presumption that the person who died in Florida did not want to die without a will and have his or her estate go to heirs by intestacy.   Does your Florida probate litigation law firm know how to raise the presumption? Does your Palm Beach estate attorney know how to rebut the presumption?  Do you make out better under the present will for probate or a prior will or if the person died without a will? According to Florida probate appeals courts, intestacy should be avoided.
4.     What Do the Other Wills Say?— many times estate planning attorneys for Naples, Florida to Boca Raton or Hillsborough County will make a will, or write a will, and a revocable trust.  There may be amendments or restatements to a revocable or living trust and there may be a codicil or amendment to a Florida will.  But what if the present will is found to be invalid? What if only one specific inheritance under the will is found to be invalid– such as being based upon undue influence by the attorney who wrote the will?  What if the Florida attorney who wrote the will put himself in the will, for say, $4 Million?  Can a prior will be revived, or does the “bad” part of the will, which was the product of undue influence get voided?  Whether the presumption that the doctrine of dependent relative revocation applies hinges on whether the present will, the one offered for probate, is sufficiently similar to the former or prior wills.  As you can guess, probate litigation attorneys in Florida disagree on what “sufficiently similar” is.
5.    Procedure for Prior Wills — should prior wills be revived or given effect?  Who inherits a Florida probate if the present will in probate is not valid?  The Estate of Murphy case dealt with, among other things, whether the revocation clause in the Florida will was valid or not, and whether it revoked prior wills.  Did the person with the $12 Million estate end up dying without a will when there were 5 other wills?  Was the revocation clause in the present will valid such that it revoked all prior wills?  Or, was just the part of the will where the attorney gave himself a big inheritance invalid based on undue influence?  And was the rest of the will valid, not needing to bring in the other wills?  There is a legal probate framework for dealing with the doctrine of dependent relative revocation.  Were the present and prior wills sufficiently similar?  If so, were there sufficient record facts to prove the presumption is valid or to overcome the presumption?
6.    Proving Your Inheritance Case and Will Contest — do you get to prove what the deceased Florida person was thinking or intended?  Did she want to die without a will or die with a prior will if the present will is found to be not valid?  Did she want to leave her estate to family members or heirs who may not have even met her? Or, if the present wills is void, did she want her estate to go under a prior will?  Extrinsic evidence may be ESSENTIAL to learn this.   Motives, intent, free will.  What prompted someone to sign a will or write multiple wills and change the beneficiaries?  Know how to prove your case including the Florida Rules of Evidence, the Evidence Code and the Rules of Procedure.   So called Parol Evidence and extrinsic evidence is necessary.  Good luck .