732.611
Devises to multigeneration classes to be per stirpes.
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732.611 Devises to multigeneration classes to be per stirpes.—Unless the will provides otherwise, all devises to descendants, issue, and other multigeneration classes shall be per stirpes.
History.—s. 1, ch. 74-106; s. 38, ch. 75-220; s. 35, ch. 2006-217.
Notes of Decisions
Cited in 5
cases, 1980–1997 · leading case: Lewis v. Green
Lewis v. Green (1980)
“1st DCA 1979); § 732.611, Fla. Stat. (1979); § 732.104, Fla.”
In Re Estate of Benson (1989)
“" Even though the drafter of the will testified in the murder trial that she intended a class gift to her children, since a class gift is not expressly provided by the terms of the will even if the term "per stirpes" had been omitted from the will, section 732.611, Florida…”
In Re Estate of Skinner (1981)
“The appellants contend the trial court erred in the order determining heirs and beneficiaries because: a) the provisions of Section 732.611, Florida Statutes (1979), supersede Section 732.”
Tubbs v. Teeple (1980)
“Appellee purports to find support for the order in Section 732.611, Florida Statutes, but that statute merely directs how heirs will share property passing to them under a will.”
In Re Estate of Van Der Veen (1997)
“’ Even though the drafter of the will testified in the murder trial that she intended a class gift to her children, since a class gift is not expressly provided by the terms of the will even if the term ‘per stirpes’ had been omitted from the will, section 732.611, Florida…”
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