Rubin on Probate Litigation

Bernal v. Marin , 196 So.3d 432 (Fla. 3d DCA 2016) This decision addresses the validity of a purported trust revocation under F.S. 736.0602.  The Court, interpreting the plain language of F.S. 736.0602 and the legislative history, found that a revocable trust can be revoked without a specific reference to the trust where there is clear and convincing evidence that the settlor intended to revoke the trust. Here, the decedent executed a trust leaving her estate to charity.  The trust did not provide a method for revocation.  She later executed a will leaving her estate to a friend, which stated that it revoked all other trusts made by her.  The will did not specifically refer to the trust. F.S. 736.0602 provides that a settlor may amend or revoke a trust: (a)  By substantial compliance with a method provided in the terms of the trust; or (b)  If the terms of the trust do not provide a method, by:         1.  A later will or codicil ...

In Re Estate of Murphy , 184 So.3d 1221 (Fla. 2d DCA 2016) For anyone looking for a refresher on the doctrine of dependent relative revocation, this decision is a good read.  In this case, after 9 years of litigation, the Court ultimately determined that the probate court's failure to apply the doctrine of dependent relative revocation incorrectly resulted in the distribution of an estate worth $12 million to the decedent's intestate heirs rather than to the beneficiary of one of her prior wills. The decedent had executed a series of wills prior to her death.  Each of those wills, while slightly varied, left a bequest to the Northwestern University (Go Wildcats!!) medical school, to the decedent's second cousin, to her attorney, to her attorney's assistant, and to her accountant. The decedent's second cousin challenged the decedent's last will (which divided her residuary among the attorney, assistant and accountant, and not her), alleging undue influenc...