Dependent relative relocation

Question 1

Dependent Relative Relocation

Answer 1

(“DRR”)

It requires finding that the decedent preferred a revoked will to intestacy and that the attempted revocation was conditional

The court must also determine that the decedent would rather have died testate, using the terms of the revoked will, than die intestate

Question 2

What is DRR used for?

Answer 2

is a doctrine invoked to prevent intestacy in situations involving a revoked will

Question 3

What happens in a case for DRR if there are two wills, the latter revoking the former?

Answer 3

Where testator makes a new will revoking the former valid one, and it later appears that that one is invalid, the old one may be reestablished on the ground that the revocation was dependent on upon the validity of the new one, testator preferring the old will to intestacy (creates a rebuttable presumption that the testator would have preferred to have died under the terms of the old will than intestate)

Florida courts look to the similarities between the two