I WAS PROMISED AN INHERITANCE ! ORAL PROMISES TO MAKE A WILL OR LEAVE AN INHERITANCE NOT VALID IN FLORIDA (a recent case on the statute of frauds: but see Section 732.701)

Uncategorized • Jan 7, 2014

Did someone promise to leave an inheritance to you in Florida?

If so, you better get it in writing. Oral promises to make a Florida will, or to leave an inheritance under Florida law are invalid.

In Florida, we have two rules which are very important. One is called the statute of frauds.

THE FLORIDA STATUTE OF FRAUDS

The statute of frauds in Florida requires , generally , that contracts must be in writing.

A recent Florida appeals case dealing with Florida’s statute of frauds repeats the general rule that “the statute of frauds bars enforcement of oral contracts which by their terms are not to be performed within a year.” A Florida court will look at the understanding of the parties. Like most contracts, what did each of them intended, and was there a meeting of the minds? Was it apparent that the agreement, or contract, was not to be performed within a year from the time that it was made? In that case, the Florida statute of frauds bars enforcement of that oral contract. Put another way, such an oral contract is void.

NO ORAL PROMISES TO MAKE A WILL IN FLORIDA

For probate litigants in those people who have an interest in a Florida state there is an important statute to know. The Florida probate code, section 732.701 concerns agreements regarding wills and inheritances. This important Florida probate code statute states that certain purported agreements regarding a will or an inheritance are in valid unless that agreement is in writing and signed and witnessed.

The following oral agreements are invalid under Florida estate law:

to make a Florida will
to give a Florida “devise” or inheritance
to not revoke a will
not to revoke and inheritance war “devise”
not to make a Florida will
not to make a Florida inheritance or “devise”

PROMISES TO LEAVE AN INHERITANCE

So, to be clear, if someone promises to leave you money when they’re gone, under her will, or in a Florida state, they need to put that promise in writing and have two witnesses witness the document signed. Many times people will call the firm telling us that a Florida resident has just died with millions of dollars. But the dead Florida citizens will or revocable trust doesn’t leave the caller any inheritance. They often want to challenge the Florida will or challenge the Florida revocable trust. Many times, they will report that before the Florida resident passed away, he or she promised to leave money or a Florida inheritance to the caller. This Florida probate code statute, Florida statutes section 732.701, prohibits you from trying to claim a share of the Florida estate or an inheritance based on oral contract to leave you Florida inheritance.

One important point: if a written —not an oral — promise to leave an inheritance or to make a will is signed by a nonresident of Florida and the writing is valid in the state where it was signed, it will be valid Florida.

JOINT WILLS

Finally, a comment about Florida “joint wills” Florida “mutual wills”. Probate code section 732.701 states that when two Florida residents sign joint wills or two Florida clients sign mutual wills, there is no presumption of a contract to make it will.

FOR ATTORNEYS AND LITIGATORS AND REFERRAL SOURCES

For a copy of the appellate court decision, please email Michelle@pankauskilawfirm.com . Please note that somebody who claims they were promised money from a now dead Florida resident may be in the estate creditor. These cases are very fact specific. If somebody shifted positions, or relied to their detriment, or provided services based on our promise, Florida does provide for certain recoveries of monies under various circumstances.