PBCBA BAR BULLETINS pbcba_bulletin_March 2019 | Page 14

any notion that he believed or intended that his first name serve as his signature and assent to the will. In Allen v. Dalk, 826 So. 2d 245 (Fla. 2002), the decedent met with her attorney and signed several documents, including four duplicate originals of the living will and designation of health care surrogate and three duplicate originals of the durable power of attorney; however, the decedent inadvertently failed to sign a copy of her will. The decedent’s niece argued that a constructive trust should have been imposed for the benefit of the beneficiaries of the will. The appellate court acknowledged that the decedent probably intended to sign the will, but found that, as the will was improperly executed, a constructive trust could not be imposed, as it would have had the effect of validating the invalid will. The supreme court found that the decedent failed to sign or to direct someone to sign her will. While it was probable that the decedent read the will and intended to sign her name, the court had no way of knowing why she did not do so, nor did the court know that the will properly reflected her testamentary intent. Further, the decedent’s typewritten name on the will did not constitute her signature. Thus, an order imposing a constructive trust would only serve to validate an invalid will. W. Jay Hunston, Jr. Mediator/Arbitrator Since 2001, limiting his practice to all forms of effective dispute resolution, including mediation, arbitration, special master, and private judging services. • • • • • • • • J.D., Stetson Univ. College of Law Fla. Bar Bd. Cert. Civil Trial Lawyer, 1983-2003 Fla. Cert. Circuit Civil, Appellate & Family Mediator Member, AAA Roster of Neutrals for Commercial and Construction Arbitration and Mediation Qualified Fla. Arbitrator FINRA Approved Mediator Statewide Per Diem Rate Available Upon Request Hourly Rates Available (No Charge for Travel Time Within 15th, 19th, and 17th Circuits) P.O. Box 508, Stuart, FL 34995 [phone]; [phone] - Office [phone] - Fax Email: [email protected] Website/Online Calendar: www.hunstonadr.com PROBATE C L E C o m m i t t e e W e l c o m e s S c o t t T o z i a n , E s q . ALLISON R. SABOCIK, ESQUIRE Together with my co-chair, Peter Forman, Esq., I am pleased to welcome Scott Tozian, Esquire, who will be our lunchtime speaker at this year’s Probate and Trust CLE Sem- inar, a Trust Boot Camp Scott is a partner with the firm of Smith, Tozian, Daniel & Davis, P.A., in Tampa. Scott earned his J.D. from Florida State University and subse- quently worked for the Florida Bar as well as the Office of the State Attorney in the Thirteenth Judicial Circuit, prior to estab- lishing the office of Smith and Tozian, P.A. in 1983. He has been practicing for over 40 years. Scott’s practice primarily involves the rep- resentation of attorneys in bar grievance matters, applicants for admission to the Florida Bar, judges for County, Circuit and District Courts of Appeal in Judicial Quali- fication Proceedings, and he also serves as an expert for matters involving legal ethics and legal malpractice matters. Scott has spoken on numerous occasions at legal seminars throughout the state, including before various sections of the Hillsborough County Bar Association, American Board of Trial Advocates, Tampa Bay Trial Lawyers Association, Florida Prosecuting Attorneys Association, Stetson University College of Law, Thomas M. Cooley Law School, and Florida Lawyers Assistance, Inc. He will now be able to add the Palm Beach County Bar Association to his list.In speaking with Scott, he plans to give us his take on ethics pitfalls for the probate and trust lawyer, both for planners and litigators. His lecture will include an examination of various of case studies and common scenarios involving probate and trust practitioners, involving drafting issues as well as issues for the trial lawyer in the probate and trust area. In addition to Scott, this year’s CLE Seminar will include speakers on trust and estate planning, trust litigation issues, PALMBEACHBAR.ORG 14 trust termination, distribution and settle- ment-related matters, a law school profes- sor panel, a trust officer panel, and a judi- cial panel, followed by a cocktail reception. The CLE Seminar will be held on March 26, 2019 at the Marriott in West Palm Beach. Purchase Your Discounted Movie Tickets Today! Contact Eva Gray at 561.687.2800