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Florida Statute 732.604 | Lawyer Caselaw & Research
F.S. 732.604 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 732.604

The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS
Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS
View Entire Chapter
F.S. 732.604
732.604 Failure of testamentary provision.
(1) Except as provided in s. 732.603, if a devise other than a residuary devise fails for any reason, it becomes a part of the residue.
(2) Except as provided in s. 732.603, if the residue is devised to two or more persons, the share of a residuary devisee that fails for any reason passes to the other residuary devisee, or to the other residuary devisees in proportion to the interests of each in the remaining part of the residue.
History.s. 1, ch. 74-106; s. 113, ch. 75-220; s. 968, ch. 97-102; s. 52, ch. 2001-226; s. 29, ch. 2003-154; s. 34, ch. 2006-217.

F.S. 732.604 on Google Scholar

F.S. 732.604 on Casetext

Amendments to 732.604


Arrestable Offenses / Crimes under Fla. Stat. 732.604
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 732.604.



Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . chapter 732 (i.e., section 732.601 (“Simultaneous Death Law”), section 732.603 (“Antilapse”), section 732.604 . . .

GOLDENBERG, v. GOLDEN, K. Co- Co-, 769 So. 2d 1144 (Fla. Dist. Ct. App. 2000)

. . . See § 732.604(2), Fla. Stat. (1999). . . .

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

. . . which arguably would cause the devise to her to lapse and pass to the other residuary legatee, see § 732.604 . . .

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

. . . It reasoned that whether section 732.604(1). or (2), Florida Statutes (1977) applied, appellant would . . . The net result is that section 732.604(2) applies and controls. . . . The term “devisees,” as used in section 732.604, plainly was not intended to refer to trustees as used . . . 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 732.604, Florida Statutes (1979), the lapse statute, states in whole: 732.604 Failure of Testamentary . . . See section 732.604. . . .

In ESTATE OF S. LEWIS,, 411 So. 2d 368 (Fla. Dist. Ct. App. 1982)

. . . Section 732.604, Florida Statute (1980). . . .

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

. . . Furthermore, Section 732.604 provides that if the residue is devised to two or more persons and the share . . . In view of this fact, and in the light of §732.604 of the Probate Code, it is my view, and I so hold, . . .