Florida Statutes
Fla. Stat. § 732.515 (2025)
Separate writing identifying devises of tangible property.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 7
cases, 1986–2013 · leading case: Adkins v. Woodfin, 525 So. 2d 447 (Fla. 4th DCA 1988).
Adkins v. Woodfin, 525 So. 2d 447 (Fla. 4th DCA 1988). “We may affirm the judgment only if we conclude that the requirements of section 732.515, Florida Statutes (1985), have been satisfied.”
Baldwin v. Est. of Winters, 944 So. 2d 437 (Fla. 4th DCA 2006). “At the hearing on the purported beneficiary’s petition, his counsel argued only that the writing of May 22, 1999 was a memorandum sufficient to devise an unspecified sum of money, pursuant to section 732.515, Florida Statutes (1997).”
Est. of Kester v. Rocco, 117 So. 3d 1196 (Fla. 1st DCA 2013). “See §§ 732.515 & 732.701, Fla. Stat. It is not even clear that the undated notes were prepared prior to Mrs.”
Est. of Woodfin v. Adkins, 20 Fla. Supp. 2d 56 (Fla. Cir. Ct. 1986). “Fellows testified, and the Court so finds, that attorney Fellows instructed the decedent as to her ability to prepare a separate writing pursuant to §732.515, Fla. Stat., the execution requirements of such separate writing, that it was to be made in writing, and that it…”
Shapiro v. Tulin, 60 So. 3d 1166 (Fla. 4th DCA 2011). “Tulin, in turn, filed a motion to dismiss the complaint on three grounds: illegal gambling, barring of the breach of fiduciary duty claim under section 732.515, Florida Statutes, and failure to state a cause of action because the agreement did not comply with section 732.”
Flagship Nat'l Bank of Boynton Beach v. Kelley, 516 So. 2d 1067 (Fla. 4th DCA 1987). “The decedent also left a will which contained a provision disposing of assets by a separate writing, pursuant to section 732.515, Florida Statutes. A list disposing of personal property was found in decedent’s safe with both the trust and the will.”
In re the Last Will & Testament & Trust Agreement of Moor, 879 A.2d 648 (Del. Ch. 2005). “See West's F.S.A. § 732.515. As such, the current statute does not explicitly exclude money from disposition by a separate writing.”
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