Florida Statutes

Fla. Stat. § 732.6005 (2025)

Rules of construction and intention.

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732.6005 Rules of construction and intention.—

(1) The intention of the testator as expressed in the will controls the legal effect of the testator’s dispositions. The rules of construction expressed in this part shall apply unless a contrary intention is indicated by the will.

(2) Subject to the foregoing, a will is construed to pass all property which the testator owns at death, including property acquired after the execution of the will.

History.—s. 1, ch. 74-106; ss. 33, 35, ch. 75-220; s. 965, ch. 97-102; s. 49, ch. 2001-226.

Note.—Created from former ss. 732.41 and 732.602.

Notes of Decisions

Cited in 34 cases (2 in the last 5 years), 1981–2024 · leading case: Basile v. Aldrich, 70 So. 3d 682 (Fla. 1st DCA 2011).

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Basile v. Aldrich, 70 So. 3d 682 (Fla. 1st DCA 2011). · cites it 83× “Section 732.6005, Florida Statutes (2009), provides: (1) The intention of the testator as expressed in the will controls the legal effect of the testator's dispositions.”

Shriners Hospitals for Crippled Child. v. Zrillic, 563 So. 2d 64 (Fla. 1990). · cites it 5× “§ 732.6005(1), Fla. Stat. (1985). However, allowing the testator's intent to control construction of section 732.”

Aldrich v. Basile, 136 So. 3d 530 (Fla. 2014). · cites it 23× “Section 732.6005, Florida Statutes (2004), provides: (1) The intention of the testator as expressed in the will controls the legal effect of the testator’s dispositions.”

In Re Est. of Rice, 406 So. 2d 469 (Fla. 3d DCA 1981). · cites it 3× “Our Legislature has, by enactment of Section 732.6005(1), Florida Statutes (1977), [2] further entrenched into the jurisprudence of this state the familiar common law rule, to which all other rules of construction must yield, that the testator's intent is the polestar when…”

Dutcher v. Est. of Dutcher, 437 So. 2d 788 (Fla. 2d DCA 1983). · cites it 2× “1st DCA 1979); § 732.6005, Fla. Stat. (1981). In the case sub judice, the intent of the testatrix is not "crystal clear.”

In Re Est. of Barker, 448 So. 2d 28 (Fla. 1st DCA 1984). · cites it 2× “Further, appellant's reliance upon Section 732.6005(2), Florida Statutes, dealing with testamentary intent regarding after-acquired property is misplaced.”

In Re Est. of Walters, 700 So. 2d 434 (Fla. 4th DCA 1997). · cites it 2× “It is undisputed that two weeks after the will was executed the testator conveyed the 40th Street property to Edwards by quitclaim deed. The testator died approximately one year later.”

In Re Est. of Tolin, 622 So. 2d 988 (Fla. 1993). “506, Florida Statutes (1989). [1] On rehearing, the district court certified the question raised by this case as one of great public importance, and we accepted jurisdiction.”

Elliott v. Krause, 531 So. 2d 74 (Fla. 1987). · cites it 2× “1st DCA 1979); § 732.6005, Fla. Stat. (1981). In support of his position, Krause cites Albury v.”

Cohen v. Guardianship of Cohen, 896 So. 2d 950 (Fla. 4th DCA 2005). · cites it 2× “See § 732.6005(2), Fla. Stat. As set forth above, the testator's body is not considered property.”

In Re Est. of Budny, 815 So. 2d 781 (Fla. 2d DCA 2002). · cites it 2× “and Mikell equally, and declared that Mikell was a valid and legal devisee of the will and entitled to share equally in the distribution of the assets of the estate.”

Diana v. Bentsen, 677 So. 2d 1374 (Fla. 1st DCA 1996). · cites it 2× “Testamentary Intention The purpose of construing a will is to give effect to the decedent’s intention as expressed in the will.”

Show all 34 citing cases →

— 732.6005(1) — 18 cases

Shriners Hospitals for Crippled Child. v. Zrillic, 563 So. 2d 64 (Fla. 1990). “§ 732.6005(1), Fla. Stat. (1985). However, allowing the testator's intent to control construction of section 732.”

Basile v. Aldrich, 70 So. 3d 682 (Fla. 1st DCA 2011). “Section 732.6005, Florida Statutes (2009), provides: (1) The intention of the testator as expressed in the will controls the legal effect of the testator's dispositions.”

In Re Est. of Rice, 406 So. 2d 469 (Fla. 3d DCA 1981). “Our Legislature has, by enactment of Section 732.6005(1), Florida Statutes (1977), [2] further entrenched into the jurisprudence of this state the familiar common law rule, to which all other rules of construction must yield, that the testator's intent is the polestar when…”

In Re Est. of Walters, 700 So. 2d 434 (Fla. 4th DCA 1997). “It is undisputed that two weeks after the will was executed the testator conveyed the 40th Street property to Edwards by quitclaim deed. The testator died approximately one year later.”

In Re Est. of Budny, 815 So. 2d 781 (Fla. 2d DCA 2002). “and Mikell equally, and declared that Mikell was a valid and legal devisee of the will and entitled to share equally in the distribution of the assets of the estate.”

— 732.6005(2) — 5 cases

Aldrich v. Basile, 136 So. 3d 530 (Fla. 2014). “Section 732.6005, Florida Statutes (2004), provides: (1) The intention of the testator as expressed in the will controls the legal effect of the testator’s dispositions.”

In Re Est. of Barker, 448 So. 2d 28 (Fla. 1st DCA 1984). “Further, appellant's reliance upon Section 732.6005(2), Florida Statutes, dealing with testamentary intent regarding after-acquired property is misplaced.”

Cohen v. Guardianship of Cohen, 896 So. 2d 950 (Fla. 4th DCA 2005). “See § 732.6005(2), Fla. Stat. As set forth above, the testator's body is not considered property.”

In re Est. of Herman, 427 So. 2d 195 (Fla. 4th DCA 1982).

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