The Florida Senate

737.6035  Antilapse; deceased trust beneficiary; class gifts.--Unless a contrary intention appears in the inter vivos trust:

(1)  If a beneficiary of an inter vivos trust who is a grandparent, or a lineal descendant of a grandparent, of the grantor:

(a)  Is dead at the time of the execution of the inter vivos trust or at the termination of a trust interest created by an inter vivos trust;

(b)  Fails to survive the grantor; or

(c)  Is required by the inter vivos trust or by operation of law to be treated as having predeceased the grantor;

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

(2)  If a trust beneficiary of an inter vivos trust who is not a grandparent, or a descendant of a grandparent, of the grantor:

(a)  Is dead at the time of the execution of the inter vivos trust or at the termination of a trust interest created in an inter vivos trust;

(b)  Fails to survive the grantor; or

(c)  Is required by the inter vivos trust or by operation of law to be treated as having predeceased the grantor;

then the trust disposition to the trust beneficiary shall lapse unless an intention to substitute another appears in the inter vivos trust.

(3)  This section shall apply to all inter vivos trusts and amendments to those trusts executed on or after the effective date of this section.

History.--s. 18, ch. 2003-154.