Aldrich v. Basile

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Ann Aldrich died before having revised her will to dispose of an inheritance she received from her sister. Ann’s husband, James Aldrich, argued that the most appropriate construction of the will was that Ann intended for the property she had acquired from her sister to pass to him. Ann’s nieces disagreed with James’s construction of the will. The trial court entered summary judgment in favor of James pursuant to the purported authority of Fla. Stat. 732.6005(2), which provides that a will shall be construed to pass all property that the testator owned at death, including property acquired after the will is executed. The First District Court of Appeal reversed, concluding that section 732.6005(2) did not control because the disputed property was not alluded to in the will and, therefore, it was irrelevant whether it was acquired before or after the will was executed. The Supreme Court approved the decision of the First District, holding that section 732.6005 does not require 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. View "Aldrich v. Basile" on Justia Law