Florida Statute 732.603 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 Citing Statute 732.603

Total Results: 18

Shannon D. Christie v. David G. Qualls, as the personal representative of the Estate of Ollie Mae Dean Qualls

Court: District Court of Appeal of Florida | Date Filed: 2024-06-12

Snippet: interest identified in the probated will. See § 732.603(1), Fla. Stat. (the Florida Anti-Lapse statute)

STEVEN CHAUNCY vs DENNIS LEE GORDEN AND THE ESTATE OF ADDISON WOOLLEN MCNAIRY

Court: District Court of Appeal of Florida | Date Filed: 2023-11-03

Snippet: have an “antilapse” statute—codified at section 732.603, Florida Statutes—that, to some extent, ameliorates

Basile v. Aldrich

Court: District Court of Appeal of Florida | Date Filed: 2011-08-23

Citation: 70 So. 3d 682, 2011 Fla. App. LEXIS 13243, 2011 WL 3696309

Snippet: 732.601 (“Simultaneous *691Death Law”), section 732.603 (“Antilapse”), section 732.604 (“Failure of testamentary

Lorenzo v. Medina

Court: District Court of Appeal of Florida | Date Filed: 2010-11-10

Citation: 47 So. 3d 927, 2010 Fla. App. LEXIS 17164, 2010 WL 4483470

Snippet: niece and nephew argued that pursuant to section 732.603(1), Florida Statutes (2008), the anti-lapse statute

Faskowitz v. Department of Legal Affairs

Court: District Court of Appeal of Florida | Date Filed: 2006-03-31

Citation: 941 So. 2d 390, 2006 Fla. App. LEXIS 4671, 2006 WL 824566

Snippet: will did not name an alternate beneficiary. See § 732.603(2). The principle articulated in Estate of Russell

Griffis v. Scott

Court: District Court of Appeal of Florida | Date Filed: 1995-06-20

Citation: 659 So. 2d 361, 1995 Fla. App. LEXIS 7104

Snippet: Florida’s antilapse statute. Florida Statutes section 732.603 (1993) provides in pertinent part as follows: Unless

In Re Estate of Scott

Court: District Court of Appeal of Florida | Date Filed: 1995-06-20

Citation: 659 So. 2d 361, 1995 WL 363251

Snippet: Florida's antilapse statute. Florida Statutes section 732.603 (1993) provides in pertinent part as follows: Unless

Tellia v. Bovee

Court: District Court of Appeal of Florida | Date Filed: 1993-11-19

Citation: 626 So. 2d 1096, 1993 Fla. App. LEXIS 11794

Snippet: the attempted devise and bequest lapsed. Section 732.603, Florida Statutes, the anti-lapse statute, does

In Re Estate of Benson

Court: District Court of Appeal of Florida | Date Filed: 1989-09-01

Citation: 548 So. 2d 775, 1989 WL 100491

Snippet: under the will of Margaret Benson under section 732.603, Florida Statutes (1985), nor from inheriting their

Swan v. Florida National Bank of Miami

Court: District Court of Appeal of Florida | Date Filed: 1984-02-07

Citation: 445 So. 2d 622, 1984 Fla. App. LEXIS 11732

Snippet: not have been incorporated by reference. Section 732.603(2) Florida Statutes (1981) provides: Antilapse;

Hulsh v. Hulsh

Court: District Court of Appeal of Florida | Date Filed: 1983-05-03

Citation: 431 So. 2d 658

Snippet: Sheldon prevents the lapse from occurring. See § 732.603(2), Fla. Stat. (1979). Had we been unable to reach

In re Estate of Herman

Court: District Court of Appeal of Florida | Date Filed: 1982-11-10

Citation: 427 So. 2d 195, 1982 Fla. App. LEXIS 22277

Snippet: Statutes (1977), provides: Except as provided in s. 732.603, if a devise other than a residuary devise fails

Lyman v. Folan

Court: District Court of Appeal of Florida | Date Filed: 1982-11-03

Citation: 423 So. 2d 400, 1982 Fla. App. LEXIS 21507

Snippet: Section 732.603, Florida Statutes (1979), the antilapse statute, reads in pertinent part: 732.603 Antilapse;

In Re Estate of Wagner

Court: District Court of Appeal of Florida | Date Filed: 1982-11-03

Citation: 423 So. 2d 400

Snippet: Section 732.603, Florida Statutes (1979), the antilapse statute, reads in pertinent part: 732.603 Antilapse;

In Re Estate of Skinner

Court: District Court of Appeal of Florida | Date Filed: 1981-05-06

Citation: 397 So. 2d 1193, 1981 Fla. App. LEXIS 19703

Snippet: 611, Florida Statutes (1979), supersede Section 732.603, the anti-lapse statute; b) the finding is contrary

In Re Estate of Russell

Court: District Court of Appeal of Florida | Date Filed: 1980-08-20

Citation: 387 So. 2d 487, 1980 Fla. App. LEXIS 16990

Snippet: for the benefit of the State School Fund. [2] § 732.603, Fla. Stat. (1977).

Tubbs v. Teeple

Court: District Court of Appeal of Florida | Date Filed: 1980-08-15

Citation: 388 So. 2d 239, 1980 Fla. App. LEXIS 16964

Snippet: here whether the Florida Anti-Lapse Statute (§ 732.603, Fla.Stat.) applies to a testamentary gift to a

Turner v. Weeks

Court: District Court of Appeal of Florida | Date Filed: 1980-05-16

Citation: 384 So. 2d 193, 1980 Fla. App. LEXIS 16151

Snippet: statute, Section 732.603, Florida Statutes (1979), which reads as follows: 732.603 Antilapse; deceased