The decedent made specific bequests to her sister and, if here sister did not survive her, to her brother. The specific bequests included a life insurance policy identified by its policy number, banks accounts identified by their respective account numbers, and a vehicle identified by its registration number. The will did not include a residuary clause. Three years after the decedent created her will, her sister passed away. The sister’s will left her entire estate to the decedent. The decedent deposited the cash she received under her sister’s will into a new investment account. The decedent never revised her will, and she passed away two years later.
In Basile v. Aldrich, No. 1D10–3110, 2011 WL 1496721 (Fla. Dist. Ct. App. Apr. 21, 2011), a divided Florida intermediate appellate court upheld summary judgment in favor of the brother. The court stated that despite the will’s lack of a residuary clause, the court was to interpret the decedent’s will as disposing of all of decedent’s property, including the after acquired property.
Special thanks to William LaPiana (Professor of Law, New York Law School) for bringing this case to my attention.
