The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS

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F.S. 732.515

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.

History.—s. 1, ch. 74-106; s. 29, ch. 75-220; s. 48, ch. 2001-226.

F.S. 732.515 on Google Scholar

F.S. 732.515 on Casetext

Amendments to 732.515

Arrestable Offenses / Crimes under Fla. Stat. 732.515

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 732.515.

Annotations, Discussions, Cases:

Cases from cite.case.law:

ESTATE OF KESTER v. ROCCO, 117 So. 3d 1196 (Fla. Dist. Ct. App. 2013)

. . . See §§ 732.515 & 732.701, Fla. Stat. . . .

SHAPIRO, v. TULIN,, 60 So. 3d 1166 (Fla. Dist. Ct. App. 2011)

. . . complaint on three grounds: illegal gambling, barring of the breach of fiduciary duty claim under section 732.515 . . .

BALDWIN, v. ESTATE OF WINTERS,, 944 So. 2d 437 (Fla. Dist. Ct. App. 2006)

. . . May 22, 1999 was a memorandum sufficient to devise an unspecified sum of money, pursuant to section 732.515 . . . In its order, the court noted that the beneficiary was proceeding under section 732.515, and concluded . . . ruling that the separate writing was not a proper devise of tangible property, pursuant to section 732.515 . . . monetary amount, it could not be effectuated through a separate writing under the 1997 version of section 732.515 . . .

In ESTATE OF CORBIN. CORBIN, Sr. v. SHERMAN, W. a k a, 645 So. 2d 39 (Fla. Dist. Ct. App. 1994)

. . . See §§ 732.512; 732.515, Fla.Stat. (1989). . . .

A. ADKINS, A. v. WOODFIN,, 525 So. 2d 447 (Fla. Dist. Ct. App. 1988)

. . . We may affirm the judgment only if we conclude that the requirements of section 732.515, Florida Statutes . . . Section 732.515 reads as follows: Separate writing identifying devises of tangible property. — A will . . . Thus, a critical requirement of section 732.515 has not been satisfied and the purported “separate writing . . .

FLAGSHIP NATIONAL BANK OF BOYNTON BEACH, R. v. KELLEY, Ad P. a, 516 So. 2d 1067 (Fla. Dist. Ct. App. 1987)

. . . left a will which contained a provision disposing of assets by a separate writing, pursuant to section 732.515 . . .

IN RE FRANCES E. CARTER IRELAND WOODFIN v. ADKINS, 20 Fla. Supp. 2d 56 (Fla. Cir. Ct. 1986)

. . . attorney Fellows instructed the decedent as to her ability to prepare a separate writing pursuant to §732.515 . . . or directed in writing” from the residuary devise and is a “reference” to a separate writing from §732.515 . . . as the separate writing was executed as prescribed by the Code, and specifically the provisions of §732.515 . . . This flies in the face of the express language set forth in §732.515, Fla. . . .