Case Law Update: Partial Intestacy

A will without a residuary clause does not dispose of after acquired property. 

The testatrix drafted her will using a pre-printed form.  The will made specific devises but did not contain a residuary clause.  After executing her will, testatrix inherited real and personal property from her sister and then died without changing her will. 

In a comprehensive opinion, the intermediate Florida appellate court held in Basile v. Aldrich, No. 1D10-31102011, WL 3696309 (Fla. Dist. Ct. App. Aug 23, 2011) that even though state law provides that the testator’s intention controls the legal effect of the dispositions in the testator’s will and that subject to that rule a will is construed to pass all property owned at death, the after acquired property passes by intestacy because the testator’s intention was limited to making specific bequests. 

Special thanks to William P. LaPiana (Rita and Joseph Solomon Professor of Wills, Trusts,and Estates, New York Law School) for sending me this case law update.