Were your promised something from a relative or other individual and that promise was not memorialized in a testamentary document (i.e. will or trust)? What can you do? Did you know the dead man statute in the past might have prevented you from testifying in a probate case for your own interest in that stake? Do you know the status of Florida’s dead man statute?
Florida’s Dead Man Statute Abolished
- At common law there was something known as a dead man’s statute that prevented a party from testifying for their own interests in a case against a dead person or their estate.
- The rule had some other intricacies as well, for example it does not apply to criminal matters.
- Florida’s version of the dead man’s statute was a trap for litigants in West Palm Beach for over a century and finally just ten years ago in 2005 it was abolished.
- Do you know what replaced it though?
- In lieu of the Dead Man’s Statute the Florida legislature created Fla. Stat. 90.804(2)(e).
- This rule added an exception to the hearsay rule to permit relevant communications of deceased or incompetent persons to heard by a trier of fact (i.e. judge in a bench trial or a jury).
Florida Supreme Court Approval
- Under Florida’s constitution these types of rules have to be approved by the Florida Supreme Court if they are purely procedural in nature.
- This is because if they were substantive they would be laws as we know them and properly the work of a legislature.
- In July of 2007 the Florida Supreme Court approved these changes forever abolishing the traditional dead man’s statute.
What does this mean for your West Palm Beach Will Contest?
- Experienced Palm Beach probate litigators know that the abolition discussed above has expanded the available evidence in a will contest.
- Often what makes someone want to stand up and show what had gone wrong?
- The fact that they would have gotten paid otherwise!
- Under the previous law this person would be able unable to testify to any conversations they had with the decedent.
- That is no longer the case.
- Are you prepared to make your case to set aside a West Palm Beach will?
Want to learn more?
Check out the entire case by clicking here.