Last updated August 26, 2026
Estate plans name people — and people sometimes die first. What happens to a gift left to someone who predeceases you is governed by Florida’s antilapse statutes: §732.603, Florida Statutes, for wills, and §736.1106 for trusts. Both do the same basic job: for a protected class of relatives, the gift does not fail (“lapse”) — it passes to that beneficiary’s descendants, per stirpes. And both are defaults: the words of the will or trust control when they speak. This page explains the mechanics; it is general legal information, not advice.
What happens without antilapse
Suppose a will leaves “$50,000 to my brother Daniel” and Daniel dies first. At common law the gift lapses: the $50,000 falls back into the residuary estate and Daniel’s children receive nothing from it. Antilapse statutes exist because most people would rather the gift follow the family line than evaporate.
The will rule — §732.603
If the deceased devisee was a grandparent of the testator, or a descendant of a grandparent — children, grandchildren, siblings, nieces and nephews, aunts, uncles, first cousins — the devise passes to the devisee’s descendants, per stirpes, instead of lapsing.
Who is NOT protected
Friends, spouses of relatives, in-laws, charities, and anyone outside the grandparent-descendant class. A gift to an unprotected beneficiary who dies first lapses under the ordinary rules — usually into the residue.
Words that switch the statute off
Survivorship language controls. “To Daniel, if he survives me” makes survival a condition — if Daniel dies first, the statute does not rescue the gift, and any alternate the will names (or the residue) takes instead.
The trust rule — §736.1106
Trusts follow their own statute in the Florida Trust Code. Unless the trust instrument provides otherwise, §736.1106 applies a parallel substitution to future interests under trusts: when a protected beneficiary does not survive the distribution date, the beneficiary’s descendants take, per stirpes. Because most modern Florida trusts spell out their own survivorship and alternate-taker rules, the statute usually operates as the backstop for what the drafting did not address.
Why this matters when you review documents
Two documents can name identical beneficiaries and produce different families of outcomes solely on the strength of survivorship words and alternate gifts. Reading a plan means asking, for every gift: what happens if this person dies first? If the answer depends on the statute, that is the default speaking; if the document answers on its own, its words control. Choosing between those approaches for your own plan is a judgment to make with a licensed Florida attorney.
General information about Florida law, not legal advice. Every example is fictional. Confirm your situation with a licensed Florida attorney. EstateDraftFL is software, not a law firm.
Frequently asked questions
What does 'lapse' mean in a will?
A gift lapses when the person named to receive it dies before the testator. Without an antilapse statute, a lapsed specific gift generally falls into the residuary estate — the family line of the deceased beneficiary can be cut out entirely.
Who does Florida's will antilapse statute protect?
Under §732.603, Florida Statutes, if the deceased devisee was a grandparent of the testator, or a descendant of a grandparent (children, grandchildren, siblings, nieces and nephews, aunts, uncles, cousins), the gift passes to the devisee's descendants per stirpes instead of lapsing — unless the will says otherwise.
Does the same rule apply to trusts?
Florida's Trust Code has its own antilapse provision, §736.1106, applying a parallel per stirpes substitution to future interests under trusts unless the trust instrument provides otherwise.
Can my documents override antilapse?
Yes — both statutes are defaults. Survivorship conditions ('if she survives me') and express alternate gifts control over the statute. Whether to require survivorship is a planning judgment to make with a licensed attorney.
General information about Florida law, not legal advice.