Balboni v. LaRocque

Summary

In Florida, when a testator’s will was in their possession and cannot be found after death, a rebuttable presumption of intentional revocation arises. To overcome this presumption, the will’s proponent must present competent substantial evidence that the will was accidentally lost or destroyed, or willfully and fraudulently destroyed by an adverse party; evidence of mere opportunity for accidental destruction by uninterested third parties or of the testator’s feelings toward beneficiaries is legally insufficient. The court reversed the probate court’s admission of a lost will because the proponents’ evidence amounted only to speculation and conjecture.

Holdings

1. Evidence that the testator's will was in his possession prior to death and cannot be located after death gives rise to a rebuttable presumption of intentional revocation. To rebut this presumption, the proponent must present competent substantial evidence that the will was accidentally lost or destroyed, or willfully and fraudulently destroyed by an adverse party. Evidence of mere opportunity for accidental destruction by uninterested third parties, or evidence of the testator's feelings toward beneficiaries, is insufficient as a matter of law to rebut the presumption.

Questions Presented

1. Whether the evidence presented was legally sufficient to rebut the presumption of intentional revocation of a lost will.

Disposition

reversed