“I’ll pay the mortgage for you.” “I’ll leave an inheritance for you under the will.” Do these sound like enforceable promises ? They are not. You generally can’t enforce a promise which Florida law requires to be in writing and which is not in writing. An April 2, 2014 case from Duval County, Florida hits this legal issue head on. If you are a Palm Beach estate beneficiary, family member or heir who got cut out of a will or trust, you may want to read this. You DEFINITELY want to read it if you claim that you were promised an inheritance and it’s not in writing.
Statute of Frauds
- Florida’s statute of frauds says that some promises NEED to be in writing
- If they are not, the promises are not enforceable
- And you can’t “get around” the statute of fraud by arguing some other wrong
Recent Florida Appeals Case
- This recent Florida Appeals case dealt with the statute of frauds
- And a promise to pay or reimburse for certain mortgage payments
- But the supposed promise was ORAL….not written
- You can’t get around the requirement that the promise be in writing by suing for fraudulent misrepresentation
- If you want to read the case, it is Cohen v. Corbitt, Florida’s 1st District Court of Appeal, Case # 1D13-0684.
What Can Palm Beach Probates & Estate Beneficiaries Learn ?
Florida has it’s own Florida Probate Code Statute on promises to leave an inheritance.
Promises to leave an inheritance must be in writing !! Here is the link if you want to read it: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/Sections/0732.701.html
I’m also “cutting” & “pasting” the Florida Probate Code statute on oral promises to leave an inheritance below:
FLORIDA PROBATE CODE 732.701 Agreements concerning succession.-
- No agreement to make a will, to give a devise, not to revoke a will, not to revoke a devise, not to make a will, or not to make a devise shall be binding or enforceable unless the agreement is in writing and signed by the agreeing party in the presence of two attesting witnesses. Such an agreement executed by a nonresident of Florida, either before or after this law takes effect, is valid in this state if valid when executed under the laws of the state or country where the agreement was executed, whether or not the agreeing party is a Florida resident at the time of death.
- The execution of a joint will or mutual wills neither creates a presumption of a contract to make a will nor creates a presumption of a contract not to revoke the will or wills.