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?

  • Category: Wills and Estates
  • Subcategory: Separate Writing
  • Date:
  • State: Florida

Answer:

Yes. It can be valid and under Florida law is valid if referred to in the Will.  Therefore, the items listed go to the people she listed to have those items.

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.

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.
 

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, individuals who receive property under a will are referred to as heirs. However, the term 'beneficiary' is often used to describe someone who is specifically named in the will to receive certain assets. In Florida, the will outlines who inherits the property, and those individuals are recognized as heirs or beneficiaries based on the testator's wishes.