Testamentary Intent

448 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• James v. Lopez and Charles A. Lopez
  96 So. 2d 463· Fla.· 1957-07-10 ·cited 2×
  Florida Supreme Court held that minor sons of a deceased testator need not elect between taking under their father's will and pursuing claims against his estate for misappropriated trust funds received as guardianship assets. The court rejected the presumption that a legacy to a
• Savoy v. Savoy
  220 F.2d 364· D.C. Cir.· 1954-11-04 ·cited 2×
  The court held that testimony regarding the testator's post-testamentary statement, offered to show his intent in tearing the will, was admissible and its exclusion was reversible error.
• In re Hawkins' Estate. Ball v. Barnett Nat. Bank of Jacksonville
  63 So. 2d 313· Fla.· 1953-02-17 ·cited 2×
  The Florida Supreme Court held that a testator's will provision directing the executor to "pay all my just debts and funeral expenses as soon after my decease as conveniently may be" is sufficient to charge exempt personal property (homestead) with funeral expenses. The Court aff
• Howard v. Am. Sec. & Tr. Co.
  171 F.2d 29· D.C. Cir.· 1948-11-22 ·cited 2×
  The court held that the testator's intent, as expressed in the will, dictates that beneficiaries for specific bequests are determined at the time of distribution (the wife's death), and lapsed legacies are to be distributed as part of the residue.
• Crews v. Oven
  159 F.2d 780· 10th Cir.· 1946-01-27 ·cited 2×
  The court held that the bequest to Claire Marie Oven was contingent, and since the contingency did not occur, the legacy lapsed.
• Elma G. Brown v. Avery
  63 Fla. 376· Fla.· 1912-01-01 ·cited 2×
  The court affirmed the validity of a written instrument as a will of personal property, even though it contained ineffectual provisions regarding real estate. The court found the instrument met statutory requirements for a will of personal property and that subsequent actions did
• Mathis v. Est. OF Charlyn Louise Mathis
  178 So. 3d 919· Fla. 3d DCA· 2015-11-04 ·cited 1×
  Johnnie Mathis appeals the denial of his petition for subsequent administration of his mother's estate after his sister Kathleen sold the homestead property without distributing his 30% share of the proceeds as required by the will. The court reverses, holding that further admini
• Bernadette Lauritsen v. Wallace
  67 So. 3d 285· Fla. 5th DCA· 2011-04-01 ·cited 1×
  The Fifth District Court of Appeal reversed a probate court's decision that allowed a decedent to forgive a debt through his will without first paying the estate's debts and administrative expenses. The court held that a testamentary forgiveness of a debt is subject to the priori
• Bergman v. Serns
  560 So. 2d 1201· Fla. 3d DCA· 1990-03-06 ·cited 1×
  The court held that the prior finding of undue influence in a guardianship proceeding collaterally estopped the son from probating a will that was testamentary in form and inconsistent with the prior findings.
• Helfritz v. Riegle
  24 Fla. Supp. 95· Volusia Cty. Cir. Ct.· 1965-01-26 ·cited 1×
  This case determines ownership of five joint savings accounts created by decedent Werner H. Helfritz during his lifetime. The court held that three accounts with his minor son Richard A. Helfritz belong to the son by right of survivorship, and two accounts with his widow Lillian
• In re Lindsley's Will
  26 Fla. Supp. 168· Dade Cty. J. Ct.· 1964-07-10 ·cited 1×
  In a will construction proceeding following a fatal automobile accident, the court determined that J. V. Lindsley survived his wife Ruth R. Lindsley by several minutes based on credible eyewitness testimony, and therefore held that the presumption in Article VIII of his will—whic
• In re Frizzell's Will
  20 Fla. Supp. 41· Charlotte Cty. J. Ct.· 1962-07-25 ·cited 1×
  In a probate dispute, the court determined that Patti Lee Frizzell, a minor adopted after the decedent's will was executed, qualifies as a pretermitted child under Florida law and is entitled to inherit as an heir. The decision resolved the conflict between the adoption statute a
• In re Baier's Will
  12 Fla. Supp. 158· Palm Beach Cty. J. Ct.· 1958-08-20 ·cited 1×
  The court denied probate of Helen Louise Baier's will, finding that the testator revoked it by cancellation. The case hinged on whether markings on the will (the word "cancelled" written in pencil across a dispositive provision) constituted a valid revocation by the testator, res
• In re Bradstreet's Will
  5 Fla. Supp. 70· Palm Beach Cty. J. Ct.· 1954-02-06 ·cited 1×
  A Florida probate court construed the will of Lillian A. Bradstreet to resolve ambiguities regarding property descriptions, trust creation, beneficiary identification, and the validity of documents found in the decedent's safe deposit box. The court determined that a valid residu
• Sapp v. Armstrong Props., Inc.
  108 Fla. 345· Fla.· 1933-02-21 ·cited 1×
  The Florida Supreme Court affirmed a lower court's decision that a widow received a fee simple title to her deceased husband's property, excluding the homestead, based on the interpretation of his will.
• Dathan A. Griffin v. Pearson
  Fla. 6th DCA· 2025-07-25
  A person who moves into a deceased person's home after death and claims adverse possession rights is not an "interested person" under the Florida Probate Code and therefore lacks standing to challenge the admission of a will to probate.
• Jacquelyn Adelson v. Kalter
  Fla. 3d DCA· 2025-04-30
  A will or trust bequest of a greater amount than required by a prenuptial agreement satisfies the prenuptial obligation and precludes any additional claim under the agreement.
• Steele v. Comm'r of Soc. Sec.
  94 F.4th 1263· 11th Cir.· 2024-02-29
  The court held that the decedent's will did not 'provide for' the posthumously conceived child as required by Florida law, thus the child is not eligible for a claim against the estate and not entitled to child's insurance benefits.
• Margot M. Caveglia v. Heinen
  Fla. 4th DCA· 2023-03-08
  The appellate court affirmed a lower court's decision to uphold a 2014 will and appoint a new personal representative. The court ruled that a later holographic will, executed in Louisiana but not meeting Florida's witnessing requirements, could not revoke the valid 2014 will beca
• Taulbee v. Kozel
  Fla. 3d DCA· 2023-01-18
  This case concerns whether the termination of a biological father's parental rights and the subsequent adoption of his child severed the child's right to inherit under the father's will. The court affirmed the trial court's decision, holding that the father's clear intent, as exp
• Araguel v. Lesley Ladon Bryan
  Fla. 1st DCA· 2022-07-13
  A trial court has no discretion to deny appointment of a personal representative nominated in a will when the nominee is statutorily qualified to serve, even if the court perceives conflicts of interest. The statutory criteria for appointment and removal of personal representativ
• Selena E. Molina Master in Chancery
  Del. Ch.· 2022-05-20
  The Court held that the Decedent's 2019 Will effectively amended her 2018 Trust, disinheriting her daughter, the Respondent. The Court found that the clear intent expressed in the 2019 Will, which directed the estate's pour-over into the 2018 Trust while simultaneously excluding
• THE N. Tr. Co. v. THE Est. of Charles P. Walker
  Fla. 2d DCA· 2021-01-06
  The appellate court dismissed an appeal from a probate court's order denying a motion to strike a statement of claim. The court found the order was nonfinal and therefore not appealable, as it did not definitively resolve any rights or obligations and contemplated further judicia
• The Heritage Found. v. In re Est. of Walter Schmid, JR.
  Fla. 2d DCA· 2020-03-06
  Section 733.1061(2) does not limit sources of attorney's fee payment to a party's interest in the estate or other property; a probate court has discretion to award fees from the estate corpus. The probate court did not abuse its discretion in awarding fees from the corpus under t
• Bitetzakis v. Bitetzakis
  264 So. 3d 297· Fla. 2d DCA· 2019-02-01
  Alice Bitetzakis appealed a probate court order admitting her father's will to probate, challenging whether it was executed in strict compliance with Florida's statutory signature requirement. The court reversed, holding that the decedent's incomplete signature (only his first na
• Of
  Del. Ch.· 2018-08-20
  The court held that the 1980 Last Will and Testament of Georgianna Dodd was validly executed but was revoked by Dodd prior to her death. Consequently, the court denied the Petitioner's request for attorney's fees.
• Eisenpresser v. Nancy Koenig and the Estate of Harriet Numeroff
  239 So. 3d 90· Fla. 4th DCA· 2018-02-14
  Jane Eisenpresser appealed a trial court judgment denying her petition to remove the personal representative Nancy Koenig and challenging the accounting and discharge order. The court affirmed the trial court's decision on nearly all issues but reversed on one matter regarding th
• Nigro v. Carrasquillo
  2015 WL 9217348· S.D. Fla.· 2015-12-17
• Page 1 of 41
  Del. Ch.· 2015-08-27
  The Court of Chancery erred in admitting the 2013 Will to probate as written, as the first page was not properly executed and was likely a substitution for a corrected page. The court should have revoked the probate of the 2013 Will and admitted a copy of the corrected first page
• Johnson v. KeyBank Nat'l Ass'n
  S.D. Fla.· 2015-02-03
• Hedman v. Hedman
  97 So. 3d 249· Fla. 3d DCA· 2012-07-25
  The trial court's award to the wife of the husband's half interest in the marital home held by the entireties was affirmed, notwithstanding the statutory presumption favoring equal distribution of marital property.
• Chin v. The Est. OF Adolph E. Chin
  15 So. 3d 894· Fla. 3d DCA· 2009-08-05
  David Chin appeals the trial court's determination that his deceased father Adolph's will granted a life estate to his sister Mary Chin in their co-owned Miami-Dade County property. The appellate court affirms, holding that the unambiguous language of paragraph seven of the will
• Garcia v. Celestron
  2 So. 3d 1061· Fla. 3d DCA· 2009-02-04
  Mercy Garcia, personal representative and beneficiary of her father's estate, challenged a trial court order requiring sale of the estate property. The court held that the will's provisions were ambiguous regarding whether Garcia's life estate required her to live in the property
• In re Est. OF James Ollis Woodward v. Smith
  978 So. 2d 865· Fla. 2d DCA· 2008-04-09
  The court held that the personal representative erred in using estate residue to pay an encumbrance on property specifically devised to a beneficiary, as the will did not express such intent.
• IN & FOR NEW Castle Cnty. IN THE Matter OF THE Last Will & Testament OF Bernice T. Palecki v. Gornik
  Del. Ch.· 2007-04-26
  The court denied the respondent's motion for summary judgment, holding that an unsigned codicil, even if valid under the law of the testator's domicile at the time of execution, is invalid under Delaware law because Delaware statutes require all wills and codicils to be signed by
• Vinson v. Johnson
  931 So. 2d 245· Fla. 1st DCA· 2006-06-16
  The court affirmed a judgment ordering partition of real property despite a will provision prohibiting partition or forced sale without unanimous consent of all heirs. The court held that such a prohibition constitutes an unlawful restraint on alienation of real property and is u
• Gallo v. Brady
  925 So. 2d 363· Fla. 4th DCA· 2006-03-01
  In this legal malpractice action, the Fourth District Court of Appeal reversed a summary judgment granted to attorneys Brady & Brady in favor of the estate's personal representative. The court held that a jury could infer the decedent's intent to obtain federal tax savings from t
• Karasek v. William J. Lamping Tr.
  909 So. 2d 552· Fla. 4th DCA· 2005-08-31
  The court held that the term 'heirs at law' in a testamentary trust should be construed according to the intestacy statutes in effect at the time the trust was executed, and that a surviving spouse is included within the definition of 'heirs at law' under the 1967 statute.
• Jureski v. Scaduto
  882 So. 2d 1061· Fla. 4th DCA· 2004-08-25
  In a will construction dispute, the court affirmed that two conflicting dispositive clauses in a self-drafted will are irreconcilable, and therefore the latter residuary clause prevails over the earlier general bequest clause as the testator's last expression of intent.
• Passell v. Watts
  794 So. 2d 651· Fla. 2d DCA· 2001-06-13
  Intended third-party beneficiaries of a trust have standing to sue an attorney for legal malpractice if the testator's intent is frustrated by the attorney's negligence.
• Sapper v. Tobi Merrell
  785 So. 2d 598· Fla. 3d DCA· 2001-04-18
  The court affirmed the trial court's judgment regarding active procurement in an estate matter, applying established factors for determining whether a beneficiary actively procured a will.
• Nabila Babcock v. Malone
  760 So. 2d 1056· Fla. 4th DCA· 2000-06-21
  Appellants sued their uncle's lawyer for negligence in failing to timely prepare a new will that would have made them beneficiaries. The trial court dismissed the complaint for failure to state a cause of action, and the appellate court affirmed, holding that standing in legal ma
• Stept v. August C. Paoli and Charles E. Paoli, Jr.
  701 So. 2d 1228· Fla. 4th DCA· 1997-12-03
  Beneficiaries of revocable living trusts sued the lawyers who drafted the trusts for negligence, claiming the inclusion of a general power of appointment language caused them to incur over $100,000 in federal estate taxes. The court affirmed the dismissal, holding that without an
• In re Est. OF Elizabeth H. Hillyer v. Hillyer
  664 So. 2d 361· Fla. 4th DCA· 1995-12-20
  The appellate court reversed the probate court's order, finding that the language in paragraph II of the decedent's will was not specific enough to direct that her one-half interest in a jointly owned condominium pass to the surviving joint tenant, thus it would pass via the resi
• In re Est. OF Ollie L. Scott v. C.W. Scott
  659 So. 2d 361· Fla. 1st DCA· 1995-06-20
  In this estate administration case, the court reversed the trial court's denial of a petition to add heirs to Ollie Scott's estate. The court held that even though the testator explicitly excluded Emery Griffis from her will, the Florida antilapse statute entitles Griffis, as a l
• Sena Artigas v. Carlos Enriquez Ad Litem for Alejandro Alfonzo Carillo
  617 So. 2d 423· Fla. 3d DCA· 1993-04-27
  A Florida appellate court reversed a trial court order awarding mortgage cancellation life insurance policy proceeds to a decedent's minor son, holding that the proceeds should instead pass to the estate and then to the will beneficiary, because the decedent's clear testamentary
• Est. OF Robert F. Klein v. Commissioner OF Internal Revenue
  946 F.2d 1218· 6th Cir.· 1991-10-17
  The court held that the testator's intent, as evidenced by the entire trust agreement, determined the marital deduction, not solely the transitional rule or funding provisions.
• In re Est. OF Folke H. Peterson
  583 So. 2d 718· Fla. 4th DCA· 1991-07-03
  This case involves the interpretation of a charitable remainder unitrust created under a testator's will. The court reversed summary judgment for the appellees (living children of the testator's deceased siblings and cousin) and directed entry of judgment for the appellants (gran
• Est. OF Mary Edwards Helms Peacock v. United States
  914 F.2d 230· 11th Cir.· 1990-10-11
  The court held that the language in the will granting the husband the right to occupy the residence for as long as he desired created a qualifying income interest for life, allowing for the federal estate tax marital deduction.
• Est. OF Carl I. Heim v. Commissioner OF Internal Revenue
  914 F.2d 1322· 9th Cir.· 1990-09-18
  The court held that a bequest conditioned on surviving estate distribution is a nondeductible terminable interest under I.R.C. § 2056, and California Probate Code § 1036 does not save the bequest without evidence of the testator's intent to qualify for the marital deduction.