(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.
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.
Structure Florida Statutes
Title XLII - Estates and Trusts
Chapter 732 - Probate Code: Intestate Succession and Wills
Part VI - Rules of Construction (Ss. 732.6005-732.616)
732.6005 - Rules of construction and intention.
732.601 - Simultaneous Death Law.
732.603 - Antilapse; deceased devisee; class gifts.
732.604 - Failure of testamentary provision.
732.605 - Change in securities; accessions; nonademption.
732.607 - Exercise of power of appointment.
732.608 - Construction of terms.
732.609 - Ademption by satisfaction.
732.611 - Devises to multigeneration classes to be per stirpes.
732.615 - Reformation to correct mistakes.
732.616 - Modification to achieve testator’s tax objectives.