Full question:
I need to know if an agreement to make a Will leaving property to a specific person is valid in Florida. The reason is that my Mother has a young person that is her caregiver. I just found out that my Mother executed a documents agreeing to give the person her property if she would care for her. My Mother is 86 years old but still very competent.
- Category: Wills and Estates
- Subcategory: Contract to Make a Will
- Date:
- State: Florida
Answer:
Since you state your Mother is competent she can make a Will. Florida law does allow a person to make a contract to make a Will. It also allows a person to contract and agree not to revoke a Will. Likewise, a person can contract not to make a Will or not to make a specific devise. In order for a contract to make a Will to be valid it must be in writing and witnessed by two witnesses.The Florida Probate code provides in reference to contracts to make a Will as follows:
732.701 Agreements concerning succession.—
(1) No agreement to make a will, to give a devise, not to revoke a will, not to revoke a devise, not to make a will, or not to make a devise shall be binding or enforceable unless the agreement is in writing and signed by the agreeing party in the presence of two attesting witnesses. Such an agreement executed by a nonresident of Florida, either before or after this law takes effect, is valid in this state if valid when executed under the laws of the state or country where the agreement was executed, whether or not the agreeing party is a Florida resident at the time of death.
(2) The execution of a joint will or mutual wills neither creates a presumption of a contract to make a will nor creates a presumption of a contract not to revoke the will or wills.
(1) No agreement to make a will, to give a devise, not to revoke a will, not to revoke a devise, not to make a will, or not to make a devise shall be binding or enforceable unless the agreement is in writing and signed by the agreeing party in the presence of two attesting witnesses. Such an agreement executed by a nonresident of Florida, either before or after this law takes effect, is valid in this state if valid when executed under the laws of the state or country where the agreement was executed, whether or not the agreeing party is a Florida resident at the time of death.
(2) The execution of a joint will or mutual wills neither creates a presumption of a contract to make a will nor creates a presumption of a contract not to revoke the will or wills.
Reference:
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.
