What happens when a will contains a drafting error — a mistake that clearly does not reflect what the testator actually intended? In Florida, the answer is not simply “the will controls.” Under Florida Statute § 732.615, a court may reform a will to correct a mistake, even if the language of the will appears clear on its face, when clear and convincing evidence demonstrates that the will fails to accurately express the testator’s true intent.
Florida Statute § 732.615 — Reformation to Correct Mistakes
Florida § 732.615 was enacted as part of Florida’s adoption of the Uniform Probate Code principles and represents a significant shift from the traditional rule that courts could not reform unambiguous wills. Under § 732.615, a court can modify the terms of a will — even clear and unambiguous terms — to reflect the testator’s actual intent if there is clear and convincing evidence that the document fails to express what the testator intended.
This creates two avenues for reformation: first, where a scrivener’s error resulted in a will that says something different from what was intended; second, where a mistake of law or fact caused the testator to include or omit a provision that does not reflect their true intent.
The Standard of Proof: Clear and Convincing Evidence
The standard for will reformation in Florida is deliberately high. Clear and convincing evidence is more than a preponderance of the evidence but less than proof beyond a reasonable doubt. The evidence must produce in the mind of the court a firm belief or conviction — it must be precise, explicit, and lacking serious ambiguity or contradiction.
This means that reformation litigation is expensive, uncertain, and heavily fact-dependent. The parties typically need to produce testimony, correspondence, prior draft documents, and any other evidence that sheds light on what the testator actually intended when the will was drafted. Oral testimony about a deceased person’s intent is admissible in Florida reformation proceedings.
Why Will Reformation Matters
In estates with significant assets, a single drafting error can result in hundreds of thousands of dollars — or more — being distributed to the wrong person. The ability to reform a will under § 732.615 gives courts a tool to correct genuine mistakes. But the process is adversarial, expensive, and never guaranteed. The best protection is a properly drafted will reviewed by a qualified Florida probate attorney before it is signed. Contact Weidner Law if you believe a will in a Florida estate proceeding contains an error that does not reflect the decedent’s true intent.
Read the Exact Statute
The Florida statutes cited in this article are published word-for-word — free, complete, and fully organized — at FloridaRules.net.
- § 732.502 — Execution of Wills | FloridaRules.net
- Chapter 733 — Probate Code: Administration of Estates | FloridaRules.net
FloridaRules.net — Every Florida Probate Rule, Statute, and Case Commentary. In One Place.
