Florida Statute 732.512 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS

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F.S. 732.512

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.

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Amendments to 732.512

Annotations, Discussions, Cases:

Cases Citing Statute 732.512

Total Results: 11

Martin v. Martin

687 So. 2d 903, 1997 WL 30815

District Court of Appeal of Florida | Filed: Jan 29, 1997 | Docket: 1370607

Cited 9 times | Published

determine the validity of the trust under section 732.512(1), Florida Statutes (1987), which authorizes

Sun Bank/Miami, NA v. Hogarth

536 So. 2d 263, 1988 WL 117602

District Court of Appeal of Florida | Filed: Nov 8, 1988 | Docket: 92560

Cited 9 times | Published

court had jurisdiction to determine its validity. § 732.512(1), Fla. Stat. (1987). A court called upon to

In Re Estate of Baer

446 So. 2d 1128

District Court of Appeal of Florida | Filed: Feb 29, 1984 | Docket: 1780489

Cited 9 times | Published

document. Id. at 78-79, 70 N.E.2d at 922. Section 732.512(1), Florida Statutes (1981), provides: A writing

In Re Estate of Potter

469 So. 2d 957, 10 Fla. L. Weekly 1382, 1985 Fla. App. LEXIS 14338

District Court of Appeal of Florida | Filed: Jun 5, 1985 | Docket: 1272602

Cited 7 times | Published

together in determining Mrs. Potter's intent. See § 732.512(1), Fla. Stat. (1983). Moreover, and as a peripheral

Flinn v. Van Devere

502 So. 2d 454, 12 Fla. L. Weekly 51

District Court of Appeal of Florida | Filed: Dec 23, 1986 | Docket: 1181399

Cited 5 times | Published

them, in effect, testamentary in nature. See § 732.512(1), Fla. Stat. (1983). The applicable rule is

Bravo v. Sauter

727 So. 2d 1103

District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 1438524

Cited 4 times | Published

incorporated by reference the terms of the trust. Section 732.512(1), Florida Statutes (1995), provides that:

In Re Estate of McGahee

550 So. 2d 83, 1989 WL 109523

District Court of Appeal of Florida | Filed: Sep 21, 1989 | Docket: 1718618

Cited 4 times | Published

the court below misconstrued and misapplied section 732.512, Florida Statutes (1987), authorizing incorporation

Pasquale v. Loving

82 So. 3d 1205, 2012 Fla. App. LEXIS 4472, 2012 WL 933030

District Court of Appeal of Florida | Filed: Mar 21, 2012 | Docket: 60306064

Cited 1 times | Published

sufficiently to permit identification.”) (quoting section 732.512(1), Florida Statutes (1995)). The 2005 will

Cash Wallace Pawley, Sr. v. First National Bank of South Miami, N.A.

District Court of Appeal of Florida | Filed: Aug 28, 2024 | Docket: 68251065

Published

906 So. 2d 1205, 1208 (Fla. 4th DCA 2005)); § 732.512, Fla. Stat. (“A writing in existence when a will

Lewis v. SunTrust Bank, Miami, N.A.

698 So. 2d 1276, 1997 Fla. App. LEXIS 9274, 1997 WL 471986

District Court of Appeal of Florida | Filed: Aug 13, 1997 | Docket: 64775614

Published

testament. We do not believe that they were. Section 732.512(1), Florida Statutes (1995) of the probate

Swan v. Florida National Bank of Miami

445 So. 2d 622, 1984 Fla. App. LEXIS 11732

District Court of Appeal of Florida | Filed: Feb 7, 1984 | Docket: 64603009

Published

correctly ruled that the trust disposition lapsed. Section 732.-512(1), Florida Statutes (1981) states: Incorporation