In re Estate of S. Cyrus Lewis

Summary

The Florida Fourth District Court of Appeal held that a personal representative may not contest provisions of the will under which the representative was appointed and must resign upon filing such a challenge. The court further held that the surviving widow, in her individual capacity as beneficiary of a charitable remainder unitrust, had a pecuniary interest sufficient to contest a remainder devise because invalidation would increase the residuary trust. The court reversed and remanded with instructions to amend the petition and address the widow’s resignation as personal representative.

Holdings

1. A personal representative has no standing to contest the will under which the personal representative holds the appointment and disqualifies herself from continuing to serve in that capacity by filing suit contesting any part of that will.
2. The surviving widow had standing in her individual capacity because successfully avoiding the remainder devise would cause the property interest to fall into the residue, thereby increasing the corpus of the charitable remainder unitrust from which she received annual distributions.

Questions Presented

1. Whether a personal representative may contest provisions of the same will under which the personal representative holds the appointment.
2. Whether the surviving widow, acting in her individual capacity as a beneficiary of the residuary charitable remainder unitrust, had standing to contest a remainder devise to Dr. Rosch.
3. Whether the petition could be amended to reflect the widow's individual beneficial interest and whether she had to resign as personal representative before pursuing the contest.

Disposition

reversed_and_remanded