184 So. 3d 1221
Fla. Dist. Ct. App.2016Background
- Virginia E. Murphy died at 107 leaving an estate near $12 million and multiple wills.
- Carey drafted the 1994 will which left most assets to Carey, DuBois, and Tornwall; residuary to them.
- Rocke objected to residuary provisions alleging undue influence by Carey and DuBois.
- Probate court found undue influence; voided 1994 residuary clause; estate largely to pass intestate.
- On remand, probate court refused to apply dependent relative revocation and kept intestacy.
- This court reversed for failure to apply the presumption and remanded to probate with Rocke as residuary beneficiary.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the doctrine of dependent relative revocation applies | Rocke: presumption should apply due to similarity of wills | Carey/others: presumption not established; similarities insufficient | Presumption applies; residuary to Rocke once validated |
| What constitutes sufficient similarity under the doctrine | Rocke: broad similarity across instruments suffices | Carey/others: similarity narrowly measured by residuary changes | Broad similarity found; extrinsic evidence permissible to assess intent |
| Burden-shifting once presumption arises | Rocke: burden shifts to show independent intention to revoke | Carey/others: no rebuttal evidence of independent revocation | Burden shifts; proponent must prove independent intention; presumption not rebutted |
| Which surviving residuary devise governs disposition | February 1992 residuary clause remains untainted and controls | Carey/others: tainted residuary clauses undermine validity | February 1992 residuary clause controls; Rocke receives residuary estate |
Key Cases Cited
- Wehrheim v. Golden Pond Assisted Living Facility, 905 So.2d 1002 (Fla. 5th DCA 2005) (broad similarity supports dependent relative revocation; extrinsic evidence allowed)
- Stewart v. Johnson, 194 So. 869 (Fla. 1940) (presumption favors old will over intestacy when revocation tied to validity)
- In re Lubbe's Estate, 142 So.2d 130 (Fla. 2d DCA 1962) (presumption depends on similarity; intestacy avoided when possible)
- In re Barker's Estate, 448 So.2d 28 (Fla. 1st DCA 1984) (extrinsic evidence considerations in testamentary intent cases)
- In re Pratt's Estate, 88 So.2d 499 (Fla. 1959) (extrinsic evidence may be admissible to ascertain testamentary intent)