Florida Statutes

Fla. Stat. § 732.615 (2025)

Reformation to correct mistakes.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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732.615 Reformation to correct mistakes.Upon application of any interested person, the court may reform the terms of a will, even if unambiguous, to conform the terms to the testator’s intent if it is proved by clear and convincing evidence that both the accomplishment of the testator’s intent and the terms of the will were affected by a mistake of fact or law, whether in expression or inducement. In determining the testator’s original intent, the court may consider evidence relevant to the testator’s intent even though the evidence contradicts an apparent plain meaning of the will.
History.s. 3, ch. 2011-183.
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2011–2024 · leading case: Radin v. Jewish Nat'l Fund, 352 P.3d 863 (Cal. 2015).
Radin v. Jewish Nat'l Fund, 352 P.3d 863 (Cal. 2015). “§ 15-11-806 ); Florida ( Fla. Stat. § 732.615 ); New Mexico ( N.M.”
In Re Amendments to the Florida Prob. Rules, 73 So. 3d 205 (Fla. 2011). · cites it 4× “§ 732.615, Fla. Stat. Reformation to correct mistakes.”
Jane Eisenpresser v. Nancy Koenig & the Est. of Harriet Numeroff, 239 So. 3d 90 (Fla. 4th DCA 2018). · cites it 2× “§ 732.615, Fla. Stat. (2016). The decedent’s will unambiguously bequeathed jewelry item 157 to Appellant, and Appellee presented no evidence, let alone clear and convincing evidence, to contradict this bequest.”
In Re: Amendments to the Florida Prob. Rules-2018 Fast-track Report., 253 So. 3d 983 (Fla. 2018). · cites it 2× “§ 732.615, Fla. Stat. Reformation to correct mistakes.”
In Re: Amendments to Florida Prob. Rules (Fla. 2024). · cites it 2× “§ 732.615, Fla. Stat. Reformation to correct mistakes.”
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