Florida Statutes

Fla. Stat. § 732.604 (2025)

Failure of testamentary provision.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 8 cases, 1976–2011 · leading case: In re Est. of Herman, 427 So. 2d 195 (Fla. 4th DCA 1982).

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In re Est. of Herman, 427 So. 2d 195 (Fla. 4th DCA 1982). · cites it 12× “The term “devisees,” as used in section 732.604, plainly was not intended to refer to trustees as used in section 731.”

Hulsh v. Hulsh, 431 So. 2d 658 (Fla. 3d DCA 1983). · cites it 2× “[5] Although Marcella's disqualification by waiver is tantamount to her death prior to the death of the testator, which arguably would cause the devise to her to lapse and pass to the other residuary legatee, see § 732.604, Fla. Stat. (1979), Sorrells v.”

In Re Est. of Wagner, 423 So. 2d 400 (Fla. 2d DCA 1982). · cites it 3× “Section 732.604, Florida Statutes (1979), the lapse statute, states in whole: 732.”

Basile v. Aldrich, 70 So. 3d 682 (Fla. 1st DCA 2011). · cites it 2× “603 ("Antilapse"), section 732.604 ("Failure of testamentary provision"), section 732.”

In Re Est. of Lewis, 411 So. 2d 368 (Fla. 4th DCA 1982). “Section 732.604, Florida Statute (1980). The widow has an interest in that residue because the will places it into the corpus of a charitable remainder unitrust in which the surviving spouse will annually receive an amount equal to 6% of the net fair market value of the trust…”

Lyman v. Folan, 423 So. 2d 400 (Fla. 2d DCA 1982). · cites it 3× “Section 732.604, Florida Statutes (1979), the lapse statute, states in whole: 732.”

In re Cole's Est., 44 Fla. Supp. 153 (Fla. Cir. Ct., Palm Beach Cty. 1976). · cites it 2× “In view of this fact, and in the light of §732.604 of the Probate Code, it is my view, and I so hold, such residuary bequest to Jane Cole Cook lapses, and Eugene E.”

Goldenberg v. Golden, 769 So. 2d 1144 (Fla. 3d DCA 2000). · cites it 2× “They reason that Carl's interest in the trust corpus never vested, arguing that each beneficiary had to survive until the death of Eunice Goldenberg in order to take the corpus of the trust.”

— 732.604(1) — 1 case

In re Est. of Herman, 427 So. 2d 195 (Fla. 4th DCA 1982). “The term “devisees,” as used in section 732.604, plainly was not intended to refer to trustees as used in section 731.”

— 732.604(2) — 2 cases

In re Est. of Herman, 427 So. 2d 195 (Fla. 4th DCA 1982). “The term “devisees,” as used in section 732.604, plainly was not intended to refer to trustees as used in section 731.”

Goldenberg v. Golden, 769 So. 2d 1144 (Fla. 3d DCA 2000). “They reason that Carl's interest in the trust corpus never vested, arguing that each beneficiary had to survive until the death of Eunice Goldenberg in order to take the corpus of the trust.”

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