Can a separate list of items and who is to receive them be valid in Florida after death of the maker?
Full Question:
My Grandmother made a Will and when it was read my Mother said it referred to a separate list of her personal property that listed who was to receive certain things. Today I found the list in her bible. Is this list valid in Florida?
02/07/2017 |
Category: Wills and Es... ยป Separate Wri... |
State: Florida |
#31740
Answer:
The Florid Probate Code provides:
732.512 Incorporation by reference.—
(1) A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.
(2) A will may dispose of property by reference to acts and events which have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testator’s death. The execution or revocation of a will or trust by another person is such an event.
History.—s. 1, ch. 74-106; s. 27, ch. 75-220.
(1) A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.
(2) A will may dispose of property by reference to acts and events which have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testator’s death. The execution or revocation of a will or trust by another person is such an event.
History.—s. 1, ch. 74-106; s. 27, ch. 75-220.
The separate list could also be valid if mentioned in the Will even if made after the Will provided the requirements of the statute are met. This list must be signed.
732.515 Separate writing identifying devises of tangible property.—A written statement or list referred to in the decedent’s will shall dispose of items of tangible personal property, other than property used in trade or business, not otherwise specifically disposed of by the will. To be admissible under this section as evidence of the intended disposition, the writing must be signed by the testator and must describe the items and the devisees with reasonable certainty. The writing may be prepared before or after the execution of the will. It may be altered by the testator after its preparation. It may be a writing that has no significance apart from its effect upon the dispositions made by the will. If more than one otherwise effective writing exists, then, to the extent of any conflict among the writings, the provisions of the most recent writing revoke the inconsistent provisions of each prior writing.