The Florida Senate

732.603  Antilapse; deceased devisee; class gifts.--Unless a contrary intention appears in the will:

(1)  If a devisee or a beneficiary of a trust created by a will who is a grandparent, or a lineal descendant of a grandparent, of the testator:

(a)  Is dead at the time of the execution of the will or at the termination of a trust interest created by a will,

(b)  Fails to survive the testator, or

(c)  Is required by the will or by operation of law to be treated as having predeceased the testator,

then the descendants of the devisee or beneficiary take per stirpes in place of the deceased devisee or beneficiary. A person who would have been a devisee under a class gift if that person had survived the testator shall be a devisee for purposes of this section whether that person died before or after the execution of the will.

(2)  If a devisee or a beneficiary of a trust created by a will who is not a grandparent, or a descendant of a grandparent, of the testator:

(a)  Is dead at the time of the execution of the will or at the termination of a trust interest created in a will,

(b)  Fails to survive the testator, or

(c)  Is required by the will or by operation of law to be treated as having predeceased the testator,

then the testamentary disposition to the devisee or beneficiary shall lapse unless an intention to substitute another appears in the will.

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.

Note.--Created from former s. 731.20.