Florida Statutes
Fla. Stat. § 732.611 (2025)
Devises to multigeneration classes to be per stirpes.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 5
cases, 1980–1997 · leading case: Lewis v. Green, 389 So. 2d 235 (Fla. 5th DCA 1980).
Lewis v. Green, 389 So. 2d 235 (Fla. 5th DCA 1980). “1st DCA 1979); § 732.611, Fla. Stat. (1979); § 732.104, Fla.”
In Re Est. of Benson, 548 So. 2d 775 (Fla. 2d DCA 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 Est. of Skinner, 397 So. 2d 1193 (Fla. 4th DCA 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, 388 So. 2d 239 (Fla. 2d DCA 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 Est. of Van Der Veen, 935 P.2d 1042 (Kan. 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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