The Florida Senate

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

(1)  If a devisee 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,

(b)  Fails to survive the testator, or

(c)  Is required by the will to be treated as if he or she predeceased the testator,

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

(2)  If a devisee 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,

(b)  Fails to survive the testator, or

(c)  Is required by the will to be treated as if he or she predeceased the testator,

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

History.--s. 1, ch. 74-106; s. 36, ch. 75-220; s. 967, ch. 97-102.

Note.--Created from former s. 731.20.