The Short Answer

In Florida, if a will beneficiary who is related to the testator within a certain family line dies before the testator, the gift often does not fail. Instead, unless the will shows a contrary intent, Florida’s anti-lapse law generally “substitutes” the deceased beneficiary’s surviving descendants (such as children) to take that beneficiary’s share per stirpes.

What Florida Law Says

Florida’s anti-lapse rule is designed to prevent an unintended “lapse” when a named beneficiary dies before the person who made the will. If the deceased beneficiary was a grandparent of the testator or a descendant of a grandparent (which commonly includes siblings, nieces/nephews, and many other close relatives), and the beneficiary either died before the will was signed, failed to survive the testator, or is treated as having predeceased by law, Florida law generally creates a substitute gift for that beneficiary’s surviving descendants. Those descendants take the share the beneficiary would have received, divided along family lines per stirpes.

The Statute

The primary law governing this issue is Fla. Stat. § 732.603.

This statute establishes that, unless the will shows a contrary intent, a substitute gift is created for the deceased devisee’s surviving descendants (who take per stirpes) when the devisee is within the statute’s covered family relationship and does not survive the testator (or is treated as having predeceased).

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Probate administration moves on court-controlled timelines, and delays can affect distributions and increase costs—especially when determining who the “substitute takers” are and resolving objections.
• Burden of Proof: You may need clear documentation of family relationships (and sometimes survivorship issues) to prove who qualifies as “surviving descendants” and how the per stirpes shares should be calculated under the will and the statute.
• Exceptions: Anti-lapse can be defeated by “contrary intent” in the will—Florida law treats survivorship wording (e.g., “if he survives me,” “my surviving children”) as enough to override the statute in many cases. Also, § 732.603 applies only to certain outright devises; gifts in trust are generally analyzed under a different rule.

Trying to handle this alone can lead to misdistribution, family disputes, or court challenges that delay closing the estate.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.