In the recent Florida Supreme Court case of Aldrich v. Basile, No. SC11-2147 (March 27, 2014), a woman ended up paying more than she bargained for by using an “E-Z Legal Form” will to dispose of her entire estate.
In that case, Ann Aldrich wrote her will on a pre-printed E-Z Legal Form and, in the will, disposed of every asset she owned at the time by listing them with particularity. Unfortunately, Aldrich did not contemplate after-acquired property and failed to include a residuary clause, which would have disposed of the balance of her assets. Although Aldrich did sign a codicil to her will in order to leave after-acquired property to her brother, the codicil was not executed with the formalities needed to create a will or codicil under Florida law. As a result, after her death, there was litigation between her brother (the intended beneficiary) and her nieces as to who should receive the residue of the estate, which consisted of the after-acquired property.
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