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Monthly Archives:June 2019

Disclaimer of Real Estate – Thanks But No Thanks!

June 24, 2019

The recent Third District Court of Appeal opinion in Lee v. Lee, (Fla. 3d DCA January 23, 2019), addressed the question of whether a legal description for a disclaimer of real estate is required on a disclaimer.  The short answer to this question is that a disclaimer of real estate is valid without a legal description of the property, if it not to be recorded for purposes of providing constructive notice to one doing a title search for the property….

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Charities Beware of Testamentary Bequests: The Cy Pres Doctrine

June 10, 2019

The Fourth District Court of Appeal’s decision in SPCA Wildlife Care Center v. Abraham, 75 So. 3d 1271 (Fla. 4thDCA 2011) reminds us that even a vaguely worded testamentary gift can be enforced, even if the named charity does not exist or the charitable intent of the testator is not worded as specifically as required.

What is the Cy Pres Doctrine? It is a principle that equity will turn a general charitable intent of a settlor to a specific one. …

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