The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS

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F.S. 732.603

732.603 Antilapse; deceased devisee; class gifts.—

(1) Unless a contrary intent appears in the will, if a devisee who is a grandparent, or a descendant of a grandparent, of the testator:

(a) Is dead at the time of the execution of the will;

(b) Fails to survive the testator; or

a substitute gift is created in the devisee’s surviving descendants who take per stirpes the property to which the devisee would have been entitled had the devisee survived the testator.

(2) When a power of appointment is exercised by will, unless a contrary intent appears in the document creating the power of appointment or in the testator’s will, if an appointee who is a grandparent, or a descendant of a grandparent, of the donor of the power:

(a) Is dead at the time of the execution of the will or the creation of the power;

(b) Fails to survive the testator; or

(c) Is required by the will, the document creating the power, or by operation of law to be treated as having predeceased the testator,

a substitute gift is created in the appointee’s surviving descendants who take per stirpes the property to which the appointee would have been entitled had the appointee survived the testator. Unless the language creating a power of appointment expressly excludes the substitution of the descendants of an object of a power for the object, a surviving descendant of a deceased object of a power of appointment may be substituted for the object whether or not the descendant is an object of the power.

(3) In the application of this section:

(a) Words of survivorship in a devise or appointment to an individual, such as “if he survives me,” “if she survives me,” or to “my surviving children,” are a sufficient indication of an intent contrary to the application of subsections (1) and (2). Words of survivorship used by the donor of the power in a power to appoint to an individual, such as the term “if he survives the donee” or “if she survives the donee,” or in a power to appoint to the donee’s “then surviving children,” are a sufficient indication of an intent contrary to the application of subsection (2).

(b) The term:

1. “Appointment” includes an alternative appointment and an appointment in the form of a class gift.

2. “Appointee” includes:

a. A class member if the appointment is in the form of a class gift.

b. An individual or class member who was deceased at the time the testator executed his or her will as well as an individual or class member who was then living but who failed to survive the testator.

3. “Devise” also includes an alternative devise and a devise in the form of a class gift.

4. “Devisee” also includes:

a. A class member if the devise is in the form of a class gift.

(4) This section applies only to outright devises and appointments. Devises and appointments in trust, including to a testamentary trust, are subject to s. 736.1106.

History.—s. 1, ch. 74-106; s. 36, ch. 75-220; s. 967, ch. 97-102; s. 51, ch. 2001-226; s. 6, ch. 2003-154; s. 33, ch. 2006-217; s. 159, ch. 2020-2.

Note.—Created from former s. 731.20.

F.S. 732.603 on Google Scholar

F.S. 732.603 on Casetext

Amendments to 732.603

Arrestable Offenses / Crimes under Fla. Stat. 732.603

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 732.603.

Annotations, Discussions, Cases:

Cases from cite.case.law:

BASILE v. ALDRICH, In, 70 So. 3d 682 (Fla. Dist. Ct. App. 2011)

. . . construction” contained in Part VI of chapter 732 (i.e., section 732.601 (“Simultaneous Death Law”), section 732.603 . . .

LORENZO, v. MEDINA, 47 So. 3d 927 (Fla. Dist. Ct. App. 2010)

. . . The niece and nephew argued that pursuant to section 732.603(1), Florida Statutes (2008), the anti-lapse . . . When the predeceased devisee is a descendant of the testator’s grandparents, section 732.603 will “save . . . ” the lapsed gift by creating a substitute gift in the devisee’s descendants. § 732.603(1). . . . Because section 732.603 is in derogation of the common law, we must strictly construe its provisions. . . . descendant of the Testator’s grandparents, the niece and nephew cannot invoke the operation of section 732.603 . . .

In ESTATE OF FASKOWITZ, a k a v. L. f k a L. a k a, 941 So. 2d 390 (Fla. Dist. Ct. App. 2006)

. . . See § 732.603(2). . . .

In ESTATE OF L. SCOTT, a k a C. S. GRIFFIS, GRIFFIS, v. C. W. SCOTT,, 659 So. 2d 361 (Fla. Dist. Ct. App. 1995)

. . . Florida Statutes section 732.603 (1993) provides in pertinent part as follows: Unless a contrary intention . . .

In ESTATE OF H. BOVEE, TELLIA v. BOVEE, H., 626 So. 2d 1096 (Fla. Dist. Ct. App. 1993)

. . . Section 732.603, Florida Statutes, the anti-lapse statute, does not save the gift because its requirements . . .

In ESTATE OF H. BENSON, In ESTATE OF R. BENSON, KENDALL, v. STARNES, W. W., 548 So. 2d 775 (Fla. Dist. Ct. App. 1989)

. . . Steven Benson from inheriting their father's share under the will of Margaret Benson under section 732.603 . . . prevail over the express terms of Margaret Benson’s will, over Florida’s Anti-Lapse Statute, section 732.603 . . . He then applied our Anti-Lapse Statute, section 732.603, and concluded that Steven Benson’s minor children . . . See § 732.603(1), Fla.Stat. (1987). . . .

HELITZER, v. HELITZER,, 761 F.2d 582 (10th Cir. 1985)

. . . . § 732.603; N.Y. Est.Powers & Trusts Law § 3-3.3. . . .

P. SWAN, v. FLORIDA NATIONAL BANK OF MIAMI, T., 445 So. 2d 622 (Fla. Dist. Ct. App. 1984)

. . . Section 732.603(2) Florida Statutes (1981) provides: Antilapse; deceased devisee; class gifts Unless . . .

HULSH v. R. HULSH,, 431 So. 2d 658 (Fla. Dist. Ct. App. 1983)

. . . See § 732.603(2), Fla.Stat. (1979). . . . relative of the testator, and her descendant would not be protected by the anti-lapse provision of Section 732.603 . . .

In ESTATE OF J. HERMAN,, 427 So. 2d 195 (Fla. Dist. Ct. App. 1982)

. . . Section 732.604(1), Florida Statutes (1977), provides: Except as provided in s. 732.603, if a devise . . . Section 732.604(2), Florida Statutes (1977), provides: Except as provided in s. 732.603, if the residue . . .

In ESTATE OF A. WAGNER. T. LYMAN R. v. FOLAN,, 423 So. 2d 400 (Fla. Dist. Ct. App. 1982)

. . . Section 732.603, Florida Statutes (1979), the antilapse statute, reads in pertinent part: 732.603 Antilapse . . . statute, states in whole: 732.604 Failure of Testamentary Provision.— (1) Except as provided in s. 732.603 . . . residuary devise fails for any reason, it becomes a part of the residue. (2) Except as provided in s. 732.603 . . . See section 732.603. . . .

In ESTATE A. SKINNER,, 397 So. 2d 1193 (Fla. Dist. Ct. App. 1981)

. . . beneficiaries because: a) the provisions of Section 732.611, Florida Statutes (1979), supersede Section 732.603 . . . provides “[u]nless the will provides otherwise, all devises shall be per stirpes”, supersedes Section 732.603 . . . Section 732.603 substantially maintained the statutory law as it existed prior to its enactment relative . . . We would answer that by pointing out that Section 732.611 applies to all devises while Section 732.603 . . .

In ESTATE I. RUSSELL,, 387 So. 2d 487 (Fla. Dist. Ct. App. 1980)

. . . . § 732.603, Fla.Stat. (1977). . . .

D. TUBBS, v. TEEPLE,, 388 So. 2d 239 (Fla. Dist. Ct. App. 1980)

. . . We consider here whether the Florida Anti-Lapse Statute (§ 732.603, Fla.Stat.) applies to a testamentary . . . descendant of a grandparent of the testatrix, then the descendants of the legatee take the gift. § 732.603 . . .

TURNER v. WEEKS S., 384 So. 2d 193 (Fla. Dist. Ct. App. 1980)

. . . The first was the antilapse statute, Section 732.603, Florida Statutes (1979), which reads as follows . . . : 732.603 Antilapse; deceased devisee; class gifts. — Unless a contrary intention appears in the will . . . believe that the language of Baker precludes the Turners from falling within the provisions of Section 732.603 . . .

In COLE S ESTATE, 44 Fla. Supp. 153 (Palm Beach Cty. Cir. Ct. 1976)

. . . It appears that our Probate Code (Section 732.603) provides that when a devisee who is not blood kindred . . . surviving, such issue are entitled to receive the Ashland Oil Stock (see §731.20 of the old Probate Code; §732.603 . . .