What is the “Doctrine of Dependent Revocation?”

Have you heard of the Doctrine of Dependent Relative Revocation?  Did you know it might allow a Palm Beach probate court to reverse a revocation of your will? You may want to read more about a recent Florida case where the doctrine was mentioned.

Doctrine of Dependent Relative Revocation

• Dependent Relative Revocation is a doctrine that West Palm Beach probate courts can apply in certain circumstances.
• Here is an example.
• Your father wants to leave you his entire Pompano Beach Estate and leave nothing to your brother.
• He drafts a will to pass the assets in trust to you and then later decides he would prefer your inherit it outright in a new will.
• Now after he fills out his will from an online legal website, he quickly tears up the will his experienced Delray Beach attorney drafted years back.
• At probate you find out that the will was invalid!
• But he destroyed the old will, now does the property go through intestacy half to your brother?! Maybe not, because of Dependent Relative Revocation.
• Because the revocation of your father’s first will was dependent on a mistake of law or fact as to the validity of a new will the courts may allow the destroyed will to beprobated.
• Do you see how this rarely mentioned doctrine might become a lot more relevant in recent times as many people rely on online documents to form new wills that may replace wills drawn by experienced Palm Beach probate litigators.

Helfenbein v. Baval

• The Fourth District Court of Appeal for Florida recently heard the case of Helfenbein v. Baval , 157 So. 3d 531.
• The testator’s daughter as personal representative of the estate brought an action seeking clarification of the correct will to admit to probate. A 1986 will had been destroyed after a 2007 will was executed. Issues then arose as to the validity of the newwill.
• Ultimately the later will was held valid, but if it had not been the court was prepared to probate the 1986 will despite it being destroyed.
• But wait, how can you probate a destroyed will?

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