Florida Statutes

Fla. Stat. § 732.512 (2025)

Incorporation by reference.

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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.

Notes of Decisions

Cited in 13 cases, 1984–2012 · leading case: In Re Est. of McGahee, 550 So. 2d 83 (Fla. 1st DCA 1989).

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In Re Est. of McGahee, 550 So. 2d 83 (Fla. 1st DCA 1989). · cites it 11× “Appellants contend that the court below misconstrued and misapplied section 732.512, Florida Statutes (1987), authorizing incorporation of a writing by reference in the will.”

Sun Bank/Miami, NA v. Hogarth, 536 So. 2d 263 (Fla. 3d DCA 1988). · cites it 2× “Consequently, we hold that the amended trust agreement was incorporated in the will of February 24, 1978, and therefore, the probate court had jurisdiction to determine its validity.”

Martin v. Martin, 687 So. 2d 903 (Fla. 4th DCA 1997). · cites it 2× “The third district affirmed, finding that the trust was incorporated in the will, and that the probate court, therefore, had jurisdiction to determine the validity of the trust under section 732.512(1), Florida Statutes (1987), which authorizes a will to incorporate another…”

In Re Est. of Baer, 446 So. 2d 1128 (Fla. 4th DCA 1984). · cites it 2× “512(1), Florida Statutes (1981), provides: 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.”

In Re Est. of Potter, 469 So. 2d 957 (Fla. 4th DCA 1985). · cites it 2× “See § 732.512(1), Fla. Stat. (1983). Moreover, and as a peripheral consequence, the trust provisions then became testamentary dispositions so as to entitle us to use testamentary terms in describing them.”

Flinn v. Van Devere, 502 So. 2d 454 (Fla. 3d DCA 1986). · cites it 2× “See § 732.512(1), Fla. Stat. (1983). The applicable rule is that: Considerable caution must be exercised in applying the doctrine of incorporation by reference.”

Pasquale v. Loving, 82 So. 3d 1205 (Fla. 4th DCA 2012). · cites it 2× “”) (quoting section 732.512(1), Florida Statutes (1995)).”

Bravo v. Sauter, 727 So. 2d 1103 (Fla. 4th DCA 1999). · cites it 2× “Section 732.512(1), Florida Statutes (1995), provides that: "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.”

Lewis v. SunTrust Bank, Miami, N.A., 698 So. 2d 1276 (Fla. 3d DCA 1997). · cites it 2× “Section 732.512(1), Florida Statutes (1995) of the probate code specifically outlines when a document in existence at the time a will is executed may be incorporated in the will by reference: A writing in existence when a will is executed may be incorporated by reference if the…”

In Re Est. of Corbin, 645 So. 2d 39 (Fla. 1st DCA 1994). “See §§ 732.512; 732.515, Fla. Stat. (1989). We conclude that the provision of decedent's will at issue was ineffective as a testamentary disposition.”

Corbin v. Sherman, 645 So. 2d 39 (Fla. 1st DCA 1994). “See §§ 732.512; 732.515, Fla.Stat. (1989). We conclude that the provision of decedent’s will at issue was ineffective as a testamentary disposition.”

Est. of McInnes v. Comm'r, 64 T.C.M. 840 (Tax Ct. 1992). · cites it 2× “(West 1976), 4 it cannot control decedent's intent, or lack thereof, as manifested in the will; (3) the will is silent as to how the administration expenses should be charged and therefore under Florida law, they should be charged against the residuary estate; 5 and (4) the…”

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— 732.512(1) — 9 cases

Sun Bank/Miami, NA v. Hogarth, 536 So. 2d 263 (Fla. 3d DCA 1988). “Consequently, we hold that the amended trust agreement was incorporated in the will of February 24, 1978, and therefore, the probate court had jurisdiction to determine its validity.”

In Re Est. of McGahee, 550 So. 2d 83 (Fla. 1st DCA 1989). “Appellants contend that the court below misconstrued and misapplied section 732.512, Florida Statutes (1987), authorizing incorporation of a writing by reference in the will.”

Martin v. Martin, 687 So. 2d 903 (Fla. 4th DCA 1997). “The third district affirmed, finding that the trust was incorporated in the will, and that the probate court, therefore, had jurisdiction to determine the validity of the trust under section 732.512(1), Florida Statutes (1987), which authorizes a will to incorporate another…”

In Re Est. of Baer, 446 So. 2d 1128 (Fla. 4th DCA 1984). “512(1), Florida Statutes (1981), provides: 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.”

In Re Est. of Potter, 469 So. 2d 957 (Fla. 4th DCA 1985). “See § 732.512(1), Fla. Stat. (1983). Moreover, and as a peripheral consequence, the trust provisions then became testamentary dispositions so as to entitle us to use testamentary terms in describing them.”

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