Florida Statute 732.701
“Agreements concerning succession”
What it means
Section 732.701 governs promises about wills. An agreement to make a will or a devise, not to revoke one, or not to make one is binding only if it is in writing and signed by the agreeing party in the presence of two attesting witnesses. An oral promise to leave someone property — however sincere, however often repeated — fails this test.
Subsection (2) closes a common assumption: spouses signing joint or mutual wills creates no presumption of a contract not to revoke, so the survivor can generally still change theirs.
- Covers agreements to make a will or devise, not to revoke one, and not to make one.
- Formalities: a writing, signed by the agreeing party in the presence of two attesting witnesses.
- An agreement executed by a nonresident is honored in Florida if valid where it was executed.
- Joint or mutual wills create no presumption of a contract to make, or not to revoke, a will.
How it plays out
Two situations bring this statute into our files: a caregiver or family member who relied on an oral promise of the house, and a surviving spouse in a blended family who rewrites the “mutual” will after the first death. In both, §732.701 usually controls the outcome — the promise fails without the signed, witnessed writing, and matching wills alone bind nobody. Couples who genuinely want an unchangeable plan get there with a contract that meets the statute or, more often, with a trust.
Where this shows up
Pages on this site where § 732.701 does real work:
Questions people ask
