Florida’s estate planning laws include specific statutes that address agreements concerning succession. These laws are designed to prevent disputes over the enforceability of contracts related to wills and devises. In this blog, we’ll delve into § 732.701 of the Florida Statutes, which outlines the requirements for such agreements, and discuss how you can protect your estate from potential legal challenges.
What is a Succession Agreement?
A succession agreement involves promises or contracts related to the creation, revocation, or modification of a will. Common examples include:
- Agreements to create or revoke a will.
- Promises to leave specific assets to an individual.
- Contracts to refrain from altering a will.
In Florida, these agreements are not binding unless they meet specific criteria outlined in § 732.701.
Key Requirements for Enforceability
To be legally enforceable in Florida, a succession agreement must:
- Be in Writing– Verbal promises are insufficient.
- Be Signed – The agreeing party must sign the document.
- Have Two Witnesses – The signature must be attested by two witnesses who are present at the time.
Without these elements, the agreement is not enforceable, protecting individuals from unsubstantiated claims.
Legal Precedents
Florida courts have reinforced these principles through various cases. For instance:
- In re Estate of Vickery, 564 So. 2d 555 – This case highlighted that mutual wills do not inherently establish a contract to make or revoke a will.
- Keith v. Culp, 111 So. 2d 278 – The court ruled that even when mutual wills are executed, the absence of explicit language prevents them from being considered binding agreements.
These rulings emphasize the importance of clear documentation and adherence to statutory requirements.
Why Does This Matter?
Succession agreements can lead to disputes if not properly documented. For example, a beneficiary may claim that the deceased promised to leave them a specific asset. Without a written agreement that meets the legal criteria, such claims are unlikely to succeed in Florida courts. Including a clause in your will explicitly disclaiming any such contracts can help prevent these disputes.
Protecting Your Estate
To ensure your estate plan is clear and enforceable:
- Consult an Attorney – Work with an estate planning expert to draft or review your will.
- Include a Disclaimer – Explicitly state in your will that no contracts or agreements have been made.
- Keep Records – Maintain documentation of all estate planning decisions and communications.
Conclusion
Understanding and complying with Florida’s laws on succession agreements is crucial for a smooth estate planning process. By working with a knowledgeable attorney and clearly stating your intentions, you can minimize the risk of legal challenges and ensure your wishes are honored. Contact Lumsden Law Firm for expert guidance on Florida estate planning.