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:
(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.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html
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.