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statuteappealwill

Related Cases

Aldrich v. Basile, 136 So.3d 530, 39 Fla. L. Weekly S159

Facts

Ann Aldrich executed her will in 2004, bequeathing her possessions to her sister, Mary Jane Eaton. After Eaton's death, Aldrich inherited property and cash but did not amend her will to include these after-acquired assets. Upon Aldrich's death, her personal representative sought to determine the distribution of the after-acquired property, leading to a dispute with Aldrich's nieces, who claimed the property should pass under intestacy laws due to the absence of a residuary clause in the will.

Issue

Whether Section 732.6005, Florida Statutes (2004), requires construing a will as disposing of property not named or described in the will, despite the absence of any residuary clause, when the decedent acquired the property after the will was executed.

WHETHER SECTION 732.6005, FLORIDA STATUTES (2004) REQUIRES CONSTRUING A WILL AS DISPOSING OF PROPERTY NOT NAMED OR IN ANY WAY DESCRIBED IN THE WILL, DESPITE THE ABSENCE OF ANY RESIDUARY CLAUSE, OR ANY OTHER CLAUSE DISPOSING OF THE PROPERTY, WHERE THE DECEDENT ACQUIRED THE PROPERTY IN QUESTION AFTER THE WILL WAS EXECUTED?

Rule

The intention of the testator as expressed in the will controls the legal effect of the testator's dispositions, and a will is construed to pass all property which the testator owns at death, including property acquired after the execution of the will, unless a contrary intention is indicated by the will.

The intention of the testator as expressed in the will controls the legal effect of the testator's dispositions. A will is construed to pass all property which the testator owns at death, including property acquired after the execution of the will.

Analysis

The court analyzed the language of Aldrich's will, noting that it specifically named certain properties and beneficiaries without including a residuary clause. The court concluded that the will did not express an intent to include after-acquired property, and thus, the property should be distributed according to intestacy laws. The court emphasized that the testator's intent must be derived from the will's language, which did not allude to the after-acquired assets.

Conclusion

The Supreme Court affirmed the decision of the First District Court of Appeal, holding that the after-acquired property was subject to the laws of intestate succession.

Who won?

The nieces of the decedent prevailed in the case because the court found that the will did not effectively dispose of the after-acquired property, leading to its distribution under intestacy laws.

The nieces of the decedent prevailed in the case because the court found that the will did not effectively dispose of the after-acquired property.

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