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. 732.701

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.

F.S. 732.701 on Google Scholar

F.S. 732.701 on Casetext

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 from cite.case.law:

WELLS FARGO BANK, N. A. v. M. RICHARDS, 226 So. 3d 920 (Fla. Dist. Ct. App. 2017)

. . . . § 732.701, Fla. Stat. (2016). . . . As we have explained, section 732.701 pertaining to agreements concerning succession, is “not a typical . . .

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)

. . . Statutes, and failure to state a cause of action because the agreement did not comply with section 732.701 . . . court granted Tulin’s motion to dismiss based on his third point — the failure to comply with section 732.701 . . . As such, the trial court’s finding that section 732.701 was not complied with was based on facts not . . . claim on the basis that two attesting witnesses did not sign the agreement in accordance with section 732.701 . . . Section 732.701, Florida Statutes, in part, provides: No agreement to make a will, to give a devise, . . .

J. COLLINSON, v. F. MILLER, III,, 903 So. 2d 221 (Fla. Dist. Ct. App. 2005)

. . . See § 732.701(1), Fla.Stat. (1977) (stating, “No agreement to make a will, to give a devise, not to revoke . . .

KUTLESIC, v. ESTATE OF E. MERVEL,, 898 So. 2d 231 (Fla. Dist. Ct. App. 2005)

. . . The Estate further contended that that these three claims violated section 732.701, Florida Statutes . . .

M. REDD, v. L. TALLEY W., 584 So. 2d 616 (Fla. Dist. Ct. App. 1991)

. . . to enforce an oral contract to make a will or devise, which he concedes is clearly barred by section 732.701 . . . Similarly, section 732.701(1), Florida Statutes (1989), provides that no agreement to make a will or . . .

In ESTATE OF V. VICKERY,, 564 So. 2d 555 (Fla. Dist. Ct. App. 1990)

. . . Section 732.701, Florida Statutes (1987), provides: (1) No agreement to make a will, to give a devise . . .

RENFRO, v. L. DODGE,, 520 So. 2d 690 (Fla. Dist. Ct. App. 1988)

. . . any oral agreement by appellee to make a will naming appellant as beneficiary were barred by section 732.701 . . . As such, section 732.701, Florida Statutes (1985), is on point. . . . Section 732.701 comports with the required formalities of will-making as contained in section 732.502 . . . 210 (Fla. 2d DCA 1976), the court, in considering section 731.051 (the predecessor statute to section 732.701 . . . Fla. 2d DCA 1981), the court held: In this state an oral agreement to make a will is unenforceable. § 732.701 . . .

GARCIA, v. LOPEZ,, 483 So. 2d 470 (Fla. Dist. Ct. App. 1986)

. . . .” § 732.701(1), Fla.Stat. (1983). . . .

In ESTATE OF EDSELL, Jr. EDSELL, v. EVERED E. Jr. Co-, 447 So. 2d 263 (Fla. Dist. Ct. App. 1983)

. . . Weintraub, 417 So.2d 629, 630 (Fla.1982), so long as the agreement in form complies with Section 732.701 . . .

In ESTATE OF TAPPER,, 432 So. 2d 135 (Fla. Dist. Ct. App. 1983)

. . . . §§ 732.701 «fe 732.702, Fla.Stat. (1981). . . .

SILIANOFF v. SILIANOFF, T., 399 So. 2d 462 (Fla. Dist. Ct. App. 1981)

. . . . § 732.701, Fla.Stat.. (1975). . . .

LANIER, v. T. POPPELL,, 359 So. 2d 20 (Fla. Dist. Ct. App. 1978)

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