Florida Statute 732.701 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS

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F.S. 732.701

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.

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Amendments to 732.701

Arrestable Offenses / Crimes under Fla. Stat. 732.701

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 732.701.

Annotations, Discussions, Cases:

Cases Citing Statute 732.701

Total Results: 15

WELLS FARGO BANK, N.A. v. LARRY M. RICHARDS

Court: Fla. Dist. Ct. App. | Date Filed: 2017-08-30T00:00:00-07:00

Citation: 226 So. 3d 920, 2017 Fla. App. LEXIS 12465, 2017 WL 3727048

Snippet: real property. § 732.701, Fla. Stat. (2016). As we have explained, section 732.701 pertaining to agreements

Estate of Kester v. Rocco

Court: Fla. Dist. Ct. App. | Date Filed: 2013-06-24T00:00:00-07:00

Citation: 117 So. 3d 1196, 2013 WL 3155849, 2013 Fla. App. LEXIS 9927

Snippet: agreement to make a devise. See §§ 732.515 & 732.701, Fla. Stat. It is not even clear that the undated

Shapiro v. Tulin

Court: Fla. Dist. Ct. App. | Date Filed: 2011-05-18T00:00:00-07:00

Citation: 60 So. 3d 1166, 2011 Fla. App. LEXIS 7180, 2011 WL 1878014

Snippet: because the agreement did not comply with section 732.701, Florida Statutes. The trial court granted Tulin…As such, the trial court’s finding that section 732.701 was not complied with was based on facts not within… sign the agreement in accordance with section 732.701, the trial court erred in its dismissal of appellant…GROSS, C.J., and DAMOORGIAN, J„ concur. . Section 732.701, Florida Statutes, in part, provides: No agreement… in the presence of two attesting witnesses. § 732.701(1), Fla. Stat. (2010). No. 4D10-774

Collinson v. Miller

Court: Fla. Dist. Ct. App. | Date Filed: 2005-04-13T00:00:00-07:00

Citation: 903 So. 2d 221

Snippet: oral agreement to make a will or devise. See § 732.701(1), Fla. Stat. (1977) (stating, "No agreement

Kutlesic v. Estate of Mervel

Court: Fla. Dist. Ct. App. | Date Filed: 2005-03-16T00:00:00-08:00

Citation: 898 So. 2d 231, 2005 Fla. App. LEXIS 3565, 2005 WL 602385

Snippet: that that these three claims violated section 732.701, Florida Statutes (2002), because an agreement

Oliveira v. Sturm

Court: Fla. Dist. Ct. App. | Date Filed: 1992-12-22T00:00:00-08:00

Citation: 610 So. 2d 108, 1992 Fla. App. LEXIS 12819, 1992 WL 379868

Snippet: or her estate, as required by Florida Statute § 732.-701(2). 2. Neither Monique nor myself entered into

Redd v. Talley

Court: Fla. Dist. Ct. App. | Date Filed: 1991-08-07T00:00:00-07:00

Citation: 584 So. 2d 616, 1991 Fla. App. LEXIS 7935, 1991 WL 151977

Snippet: which he concedes is clearly barred by section 732.701, but is instead, an action to obtain “specific …the contract is in writing. Similarly, section 732.701(1), Florida Statutes (1989), provides that no agreement

In Re Estate of Vickery

Court: Fla. Dist. Ct. App. | Date Filed: 1990-07-11T00:53:00-07:00

Citation: 564 So. 2d 555

Snippet: ;s failure to state a cause of action. Section 732.701, Florida Statutes (1987), provides: (1) No agreement

Renfro v. Dodge

Court: Fla. Dist. Ct. App. | Date Filed: 1988-03-02T00:00:00-08:00

Citation: 520 So. 2d 690, 13 Fla. L. Weekly 575, 1988 Fla. App. LEXIS 779, 1988 WL 15437

Snippet: appellant as beneficiary were barred by section 732.701 and/or section 725.01, Florida Statutes (1985).…real property to the appellant. As such, section 732.701, Florida Statutes (1985), is on point. That section…whether the promisor was alive or deceased. Section 732.701 comports with the required formalities of will-…section 731.051 (the predecessor statute to section 732.701), stated: Upon reflection, we are persuaded that…oral agreement to make a will is unenforceable. § 732.701, Fla.Stat. (1975). It makes no difference where

Garcia v. Lopez

Court: Fla. Dist. Ct. App. | Date Filed: 1986-02-11T00:00:00-08:00

Citation: 483 So. 2d 470, 11 Fla. L. Weekly 422, 1986 Fla. App. LEXIS 6503

Snippet: in the presence of two attesting witnesses.” § 732.701(1), Fla.Stat. (1983). Generally, an original is

Edsell v. Evered

Court: Fla. Dist. Ct. App. | Date Filed: 1983-11-08T00:00:00-08:00

Citation: 447 So. 2d 263, 1983 Fla. App. LEXIS 24152

Snippet: as the agreement in form complies with Section 732.701(1), and no evidence exists that any signatures

In re Estate of Tapper

Court: Fla. Dist. Ct. App. | Date Filed: 1983-05-04T00:00:00-07:00

Citation: 432 So. 2d 135, 1983 Fla. App. LEXIS 19927

Snippet: waiver of elective share to be in writing. §§ 732.701 «fe 732.702, Fla.Stat. (1981). An oral agreement

Silianoff v. Silianoff

Court: Fla. Dist. Ct. App. | Date Filed: 1981-06-03T00:53:00-07:00

Citation: 399 So. 2d 462

Snippet: oral agreement to make a will is unenforceable. § 732.701, Fla. Stat. (1975). It makes no difference where

Allen v. Estate of Dutton

Court: Fla. Dist. Ct. App. | Date Filed: 1980-05-07T00:53:00-07:00

Citation: 384 So. 2d 171

Snippet: . [3] Under the current probate code, section 732.701, Florida Statutes (1975), it is clear that an agreement

Lanier v. Poppell

Court: Fla. Dist. Ct. App. | Date Filed: 1978-05-26T00:00:00-07:00

Citation: 359 So. 2d 20, 1978 Fla. App. LEXIS 15689

Snippet: 731.051, Fla.Stat. (1957), now incorporated in § 732.701, Fla.Stat. (1977), provided that no agreement to