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.