732.605
Change in securities; accessions; nonademption.
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732.605 Change in securities; accessions; nonademption.—
(1) If the testator intended a specific devise of certain securities rather than their equivalent value, the specific devisee is entitled only to:
(a) As much of the devised securities as is a part of the estate at the time of the testator’s death.
(b) Any additional or other securities of the same entity owned by the testator because of action initiated by the entity, excluding any acquired by exercise of purchase options.
(c) Securities of another entity owned by the testator as a result of a merger, consolidation, reorganization, or other similar action initiated by the entity.
(d) Securities of the same entity acquired as a result of a plan of reinvestment.
(2) Distributions before death with respect to a specifically devised security, whether in cash or otherwise, which are not provided for in subsection (1) are not part of the specific devise.
History.—s. 1, ch. 74-106; s. 113, ch. 75-220; s. 53, ch. 2001-226.
Notes of Decisions
Cited in 4
cases, 1979–2011 · leading case: In Re Estate of Jones
In Re Estate of Jones (1985)
“1st DCA 1959); § 732.605(1), Fla. Stat. (1982); Redfearn, Wills and Administration in Florida § 12.”
Basile v. Aldrich (2011)
“604 ("Failure of testamentary provision"), section 732.605 ("Change in securities"), section 732.”
Dobson v. Lawson (1979)
“The trial court found that the bequest to appellant was a specific devise of decedent’s interest in the subject corporation and that because decedent owned none of the devised securities on the date of his death, the devise was adeemed by virtue of the provisions of §…”
McPhee v. Estate of Bahret (1986)
“We begin our analysis by a review of section 732.605(1) in its entirety. That statute provides: If the testator intended a specific devise of certain securities rather than their equivalent value, the specific devisee is entitled only to: (a) As much of the devised securities as…”
— 732.605(1) — 2 cases
In Re Estate of Jones (1985)
“1st DCA 1959); § 732.605(1), Fla. Stat. (1982); Redfearn, Wills and Administration in Florida § 12.”
McPhee v. Estate of Bahret (1986)
“We begin our analysis by a review of section 732.605(1) in its entirety. That statute provides: If the testator intended a specific devise of certain securities rather than their equivalent value, the specific devisee is entitled only to: (a) As much of the devised securities as…”
— 732.605(l)(a) — 1 case
Dobson v. Lawson (1979)
“The trial court found that the bequest to appellant was a specific devise of decedent’s interest in the subject corporation and that because decedent owned none of the devised securities on the date of his death, the devise was adeemed by virtue of the provisions of §…”
— 732.605(l)(b) — 1 case
McPhee v. Estate of Bahret (1986)
“We begin our analysis by a review of section 732.605(1) in its entirety. That statute provides: If the testator intended a specific devise of certain securities rather than their equivalent value, the specific devisee is entitled only to: (a) As much of the devised securities as…”
— 732.605(l)(c) — 1 case
McPhee v. Estate of Bahret (1986)
“We begin our analysis by a review of section 732.605(1) in its entirety. That statute provides: If the testator intended a specific devise of certain securities rather than their equivalent value, the specific devisee is entitled only to: (a) As much of the devised securities as…”
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