Florida Statute 732.701 - Full Text and Legal Analysis

The 2025 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

Annotations, Discussions, Cases:

Cases Citing Statute 732.701

Total Results: 13

Allen v. Estate of Dutton

384 So. 2d 171

District Court of Appeal of Florida | Filed: May 7, 1980 | Docket: 1269468

Cited 55 times | Published

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

Collinson v. Miller

903 So. 2d 221, 2005 WL 840188

District Court of Appeal of Florida | Filed: Apr 13, 2005 | Docket: 1257673

Cited 10 times | Published

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

In Re Estate of Vickery

564 So. 2d 555, 1990 Fla. App. LEXIS 4969, 1990 WL 95381

District Court of Appeal of Florida | Filed: Jul 11, 1990 | Docket: 1689125

Cited 4 times | Published

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

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

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

District Court of Appeal of Florida | Filed: Aug 30, 2017 | Docket: 6145374

Cited 2 times | Published

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

Garcia v. Lopez

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

District Court of Appeal of Florida | Filed: Feb 11, 1986 | Docket: 64617465

Cited 1 times | Published

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

Silianoff v. Silianoff

399 So. 2d 462

District Court of Appeal of Florida | Filed: Jun 3, 1981 | Docket: 1168239

Cited 1 times | Published

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

Shapiro v. Tulin

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

District Court of Appeal of Florida | Filed: May 18, 2011 | Docket: 60300081

Published

because the agreement did not comply with section 732.701, Florida Statutes. The trial court granted

Kutlesic v. Estate of Mervel

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

District Court of Appeal of Florida | Filed: Mar 16, 2005 | Docket: 64837343

Published

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

Oliveira v. Sturm

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

District Court of Appeal of Florida | Filed: Dec 22, 1992 | Docket: 64692758

Published

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

Redd v. Talley

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

District Court of Appeal of Florida | Filed: Aug 7, 1991 | Docket: 64660966

Published

devise, which he concedes is clearly barred by section 732.701, but is instead, an action to obtain “specific

Renfro v. Dodge

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

District Court of Appeal of Florida | Filed: Mar 2, 1988 | Docket: 64632901

Published

naming appellant as beneficiary were barred by section 732.701 and/or section 725.01, Florida Statutes (1985)

Edsell v. Evered

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

District Court of Appeal of Florida | Filed: Nov 8, 1983 | Docket: 64603671

Published

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

Lanier v. Poppell

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

District Court of Appeal of Florida | Filed: May 26, 1978 | Docket: 64564619

Published

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