Allen v. Dalk

Christel McPeak had her attorney prepare a will, a durable power of attorney, and a living will and designation of health care surrogate. At a meeting with the attorney, Ms. McPeak signed four duplicate originals of the living will and designation of health care surrogate and three duplicate originals of the durable power of attorney, but failed to sign a copy of her will. After Ms. McPeak's death in 1999, her niece, Bonnie Allen, who was a beneficiary under the will, and her half-sister, Margarete Dalk, filed separate petitions for administration with the circuit court. The circuit court ruled that Ms. McPeak's failure to sign the will did not impose a bar to probate. The court reasoned that Ms. McPeak ratified the typed signature contemporaneously with the signatures of the witnesses to the document. In the event that the will was not admitted to probate, the court ruled that a constructive trust should be imposed in favor of Ms. Allen.

The Fifth District Court of Appeal reversed, ruling that although Ms. McPeak probably intended to sign the will, there was no evidence to support the finding that she intended the typewritten name below the signature line to be her signature. Since the will was improperly executed, the court went on, a constructive trust could not be imposed because it would have the effect of validating an invalid will.

The Supreme Court of Florida affirms. The court holds that '[w]hile it is probable that the decedent read the will and intended to sign her name, this Court has no way of knowing why she did not do so, nor do we know that the will properly reflects her testamentary intent.' The court also agrees that an order imposing a constructive trust would only serve to validate an invalid will.