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What is Florida’s Dead Man Statute? Fifth District DCA Case.

Uncategorized May 12, 2015
post about What is Florida’s Dead Man Statute? Fifth District DCA Case.

Are you an interested party in a West Palm Beach will contest ?   Do you plan on offering testimony evidence from the testator/decedent? You may want to learn more about Florida’s dead man statute. Check out what the Fifth District Court of Appeal for Florida had to say about such evidence in a case regarding tortious interference with a testamentary expectancy.

Florida’s Dead Man Statute

  • The courts were concerned about an interested party committing perjury when it came to an expectancy interest.
  • Perjury is when a party lies under oath.
  • An interested party was not allowed to offer testimony regarding communications or transactions with a deceased person unless there was a waiver.
  • This only applied to parties who had an interest in the estate and could benefit from it.
  • Furthermore the rule only applies where a witness is testifying for his own interests and against the interests of the decedent.
  • In Florida the Dead Man’s Statute is incorporated in the Florida Code of Evidence.
  • This rule applies to West Palm Beach will contests.
  • Does it apply to a case regarding interference with an inheritance or expectancy?

In re Estate of Hatten

  • Three siblings of the decedent brought a lawsuit against another brother who was allegedly disinherited in the will for interference with testamentary expectancy. A question arose as to whether the Dead Man’s Statute barred the decedent’s brother from testifying in the sibling’s actions against him for intentional interference with a testamentary expectancy.
  • Specifically the brother wanted to tell the court about a discussion he had with his brother. The court also noted that he was being sued in his own capacity not as a personal representative.
  • Ultimately the court said that the dead man’s statute did not apply, do you agree?
  • Palm Beach probate litigators know that the dead man’s rule or dead man’s statute can be a troublesome rule but that its limited application can mean that with creativity it can be overcome.
  • After all, only an interested party can sue and if an interested party cannot testify about what the decedent said proving a case can be quite difficult.

Want to learn more? Check out the entire case by clicking here.