Allen v. Dalk

Christel McPeak, decedent, instructed her attorney to prepare a will, a durable power of attorney, and a living will. However, when McPeak met with her attorney, she failed to sign the will and only signed the durable power of attorney and the living will. The two attesting witnesses signed the will at the end below McPeak’s typewritten name. After McPeak’s death, her niece, Bonnie Allen (plaintiff), and her half-sister, Margarete Dalk (defendant), submitted cross-petitions for administration of McPeak’s estate. Allen argued that a constructive trust should be imposed effectuating the terms of the unsigned will to uphold McPeak’s testamentary intent regarding the distribution of her estate. Allen conceded that McPeak’s will did not comply with Florida’s will-execution requirements. The trial court admitted the will to probate despite its improper execution, reasoning that McPeak’s typewritten name at the end of the will was a sufficient signature. The trial court further held that, as a matter of law, a constructive trust could also be imposed to effectuate the terms of the will. The district court reversed on appeal, holding that the will was invalid and therefore could neither be admitted to probate nor form the basis for the imposition of a constructive trust. The district court then raised a certified question to the Florida Supreme Court as to whether an invalidly executed will that expresses the testator’s clear intent could form the basis for the imposition of a constructive trust.