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Showing posts from February, 2019

Rizk v. Rizk

Rizk v. Rizk, 260 So.3d 467 (Fla. 3d DCA 2018)
This decision centers around the ability of a beneficiary to challenge a will executed in another country even if they did not contest that will in the country where it was executed. Here, the will was purportedly executed in Haiti in accordance with Haitian law. The beneficiary tried to challenge the will in Florida, alleging that the decedent was not actually in Haiti on the day the will was purportedly signed, and that the witnesses did not sign the will on that date. 
F.S. 732.502(2) provides that a nonresident's will will be treated as valid in Florida if the will is valid under the laws of the state or country where the will was executed. Because the beneficiary had not challenged the will's validity in Haiti and was receiving benefits from that will, the Court upheld the trial court's determination that the 2013 will was valid in Haiti.

Lee v. Lee

Lee v. Lee, 263 So.3d 826 (Fla. 3d DCA 2019)
This decision deals with the validity of a disclaimer executed by one of the decedent's daughters. Specifically, the Court considered whether the disclaimer was valid because it did not contain a legal description of the real property being disclaimed. 
Disclaimers are governed by Chapter 739, the Florida Uniform Disclaimer of Property Interests Acts. A valid disclaimer must (1) be in writing, (2) declare that the writing is a disclaimer, (3) describe the interest or power disclaimed, (4) be signed by the person making the disclaimer, (5) be witnessed and acknowledged in the manner provided for by deeds of real estate and (6) be delivered in the manner provided by the statute. F.S. 739.104. 
The statute provides additional requirements if the disclaimer is to be recorded, to provide constructive notice to those conducting a title search regarding real property being disclaimed. It states that a disclaimer "relating to real estate does…