Florida Statutes

Fla. Stat. § 732.701 (2025)

Agreements concerning succession.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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732.701 Agreements concerning succession.—

(1) No agreement to make a will, to give a devise, not to revoke a will, not to revoke a devise, not to make a will, or not to make a devise shall be binding or enforceable unless the agreement is in writing and signed by the agreeing party in the presence of two attesting witnesses. Such an agreement executed by a nonresident of Florida, either before or after this law takes effect, is valid in this state if valid when executed under the laws of the state or country where the agreement was executed, whether or not the agreeing party is a Florida resident at the time of death.

(2) The execution of a joint will or mutual wills neither creates a presumption of a contract to make a will nor creates a presumption of a contract not to revoke the will or wills.

History.—s. 1, ch. 74-106; s. 39, ch. 75-220; s. 55, ch. 2001-226.

Note.—Created from former s. 731.051.

Notes of Decisions

Cited in 15 cases, 1978–2017 · leading case: Allen v. Est. of Dutton, 384 So. 2d 171 (Fla. 5th DCA 1980).

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Allen v. Est. of Dutton, 384 So. 2d 171 (Fla. 5th DCA 1980). · cites it 2× “[3] Under the current probate code, section 732.701, Florida Statutes (1975), it is clear that an agreement not to revoke a will must be in writing and signed by the agreeing party in the presence of two attesting witnesses, but this statute was not in effect at the time the…”

Collinson v. Miller, 903 So. 2d 221 (Fla. 2d DCA 2005). · cites it 2× “See § 732.701(1), Fla. Stat. (1977) (stating, "No agreement to make a will, to give a devise, not to revoke a will, not to revoke a devise, not to make a will, or not to make a devise shall be binding or enforceable unless the agreement is in writing and signed by the agreeing…”

Wells Fargo Bank, N.A. v. Larry M. Richards, 226 So. 3d 920 (Fla. 4th DCA 2017). · cites it 3× “§ 732.701, Fla. Stat. (2016). As we have explained, section 732.”

Renfro v. Dodge, 520 So. 2d 690 (Fla. 4th DCA 1988). · cites it 7× “§ 732.701, Fla.Stat. (1975). It makes no difference where the agreement is made, or that it might be perfectly valid there; it is a nullity, insofar as Florida assets of the decedent are concerned.”

In Re Est. of Vickery, 564 So. 2d 555 (Fla. 4th DCA 1990). · cites it 2× “Section 732.701, Florida Statutes (1987), provides: (1) No agreement to make a will, to give a devise, not to revoke a will, not to revoke a devise, not to make a will, or not to make a devise shall be binding or enforceable unless the agreement is in writing and signed by the…”

Harper v. Harper, 600 S.E.2d 659 (Ga. Ct. App. 2004). “14 Fla. Stat. Ann. § 732.701 (1). 15 See Silianoff v.”

Redd v. Talley, 584 So. 2d 616 (Fla. 1st DCA 1991). · cites it 3× “” In his reply brief, appellant argues that this action is not to enforce an oral contract to make a will or devise, which he concedes is clearly barred by section 732.701, but is instead, an action to obtain “specific performance of contract rights in which part performance of…”

Garcia v. Lopez, 483 So. 2d 470 (Fla. 3d DCA 1986). · cites it 2× “” § 732.701(1), Fla.Stat. (1983). Generally, an original is required to prove the contents of a writing, § 90.”

Lanier v. Poppell, 359 So. 2d 20 (Fla. 2d DCA 1978). · cites it 2× “(1957), now incorporated in § 732.701, Fla.Stat. (1977), provided that no agreement to make a will or to give a legacy was binding or enforceable unless such agreement was in writing signed in the presence of two subscribing witnesses by the person whose executor or…”

In re Guardianship of Mull, 2015 Ohio 5440 (Ohio Ct. App. 2015). “Fla. Stat. 732.701(1). {¶36} As aforementioned, the Family Agreement was executed in Ohio and at the time of execution William and Marie were Florida residents.”

Edsell v. Evered, 447 So. 2d 263 (Fla. 3d DCA 1983). “1982), so long as the agreement in form complies with Section 732.701(1), and no evidence exists that any signatures were coerced or otherwise improperly obtained or that either spouse was incompetent at the time of signing.”

Silianoff v. Silianoff, 399 So. 2d 462 (Fla. 2d DCA 1981). · cites it 2× “A summary judgment was entered in favor of George, whereupon Daniel and Michael took this appeal.”

Show all 15 citing cases →

— 732.701(1) — 6 cases

Collinson v. Miller, 903 So. 2d 221 (Fla. 2d DCA 2005). “See § 732.701(1), Fla. Stat. (1977) (stating, "No agreement to make a will, to give a devise, not to revoke a will, not to revoke a devise, not to make a will, or not to make a devise shall be binding or enforceable unless the agreement is in writing and signed by the agreeing…”

Garcia v. Lopez, 483 So. 2d 470 (Fla. 3d DCA 1986). “” § 732.701(1), Fla.Stat. (1983). Generally, an original is required to prove the contents of a writing, § 90.”

Redd v. Talley, 584 So. 2d 616 (Fla. 1st DCA 1991). “” In his reply brief, appellant argues that this action is not to enforce an oral contract to make a will or devise, which he concedes is clearly barred by section 732.701, but is instead, an action to obtain “specific performance of contract rights in which part performance of…”

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