The Florida Senate

¹732.604  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 and the devise to one of the residuary devisees fails for any reason, that devise passes to the other residuary devisee, or to the other residuary devisees in proportion to their interests in 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.

¹Note.--Section 34, ch. 2006-217, amended s. 732.604, effective July 1, 2007, to read:

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.