CopyCited 9 times | Published | Florida 4th District Court of Appeal | 1997 WL 30815
...te court lacked jurisdiction over the revocable inter vivos trust. The third district affirmed, finding that the trust was incorporated in the will, and that the probate court, therefore, had jurisdiction to determine the validity of the trust under section 732.512(1), Florida Statutes (1987), which authorizes a will to incorporate another document by reference if the language of the will "manifests this intent." The widow urges that the inter vivos trust was incorporated by reference in the wil...
CopyCited 9 times | Published | Florida 4th District Court of Appeal
...A deed, a contract, or any other instrument may be incorporated in a will by reference, and its terms employed as testamentary clauses, although such instrument may have lost its force as to the peculiar original purpose of the document. Id. at 78-79, 70 N.E.2d at 922. Section 732.512(1), Florida Statutes (1981), provides: A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 51
...[1] Contrary to the claim of the trust beneficiaries, this is clearly insufficient to manifest an intention to incorporate the provisions of the trust for the disposition of the assets after the settlor's death into the will, so as to render them, in effect, testamentary in nature. See § 732.512(1), Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1989 WL 109523
...Winkler, P.A., Victor Buttner, and Frederic Buttner, Jacksonville, for appellees. ZEHMER, Judge. This appeal is taken from a final order concluding that decedent's will of September 21, 1977 revoked all prior wills and caused the estate to pass by intestacy. Appellants contend that the court below misconstrued and misapplied section 732.512, Florida Statutes (1987), authorizing incorporation of a writing by reference in the will....
...The primary goal of the law of wills, and the polestar guiding the rules of will construction, is to effectuate the manifest intention of the testator. In re Estate of Lenahan,
511 So.2d 365 (Fla. 1st DCA 1987), Marshall v. Hewett,
156 Fla. 645,
24 So.2d 1 (1945). Section
732.512 is clearly written with that goal in mind....
...The trial court was required to consider this testimony of a competent witness to the execution of a will in its quest to determine from the language used in the will the true intention of the testator as to what constituted his will, and nothing in section 732.512 directs the court to disregard this evidence and do otherwise....
...1954) (quoting Redfern on Wills and Administration of Estate in Florida, 2d ed., p. 192). The language of the will under consideration plainly manifests an intention to incorporate the writing specified which, when read as part of the will pursuant to section 732.512, will prevent the passage of decedent's property as though he had died intestate....
...on the face of the will, despite the undisputed testimony of a witness to the will that this was in fact the document attached when the will was executed by decedent. [12] Appellees argued, and the trial court accepted, a strict construction of the section 732.512(1) language "if the language of the will manifests this intent and describes the writing sufficiently to permit its identification" as requiring sufficient identification of the document on the face of the will without reference to any evidence of surrounding circumstances or attachments to the will....
...This was legally sufficient to establish that the decedent, by the language used in the will, manifested the intent to incorporate the attached document by reference and sufficiently described the writing to permit its identification with the certainty required to satisfy section 732.512, thus meeting the third criterion of the statute....
...69." Our Legislature has mandated that for a separate document to be included as part of a will, the language of the will itself must manifest such intent and must describe the writing sufficiently to permit its identification. The statute provides: 732.512 Incorporation by reference....
...children of the second marriage. This effect is, of course, the same as that of the five-page document admitted to probate and presently before the court, with the sole exception that under the latter Andrew Murray Bell will receive one dollar. [6] Section 732.512(1), Florida Statutes (1987), entitled "Incorporation by reference" reads: "A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing suf...
...by the direct legal operation and effect of the judgment. The party who testified below as to the proper execution of the will in her presence and as to what papers constituted the will which she witnessed was not an interested party. [11] Although section 732.512, Florida Statutes was adopted after the decision in Batterton, the codification of the Florida rule merely confirmed the principle and legal analysis applied in that case....
