Understanding Florida's Antilapse Statute: Why It Matters When Drafting your will
What is the Florida Antilapse Statute?
The Florida antilapse statute, codified in Section 732.603 of the Florida Statutes, is designed to prevent certain gifts or devises made in a will from lapsing (becoming void or ineffective) if the intended beneficiary predeceases the testator (the person who made the will).
Specifically, the statute aims to preserve the testator's presumed intent that the gift should pass down to the deceased beneficiary's descendants, rather than lapsing and reverting back to the testator's estate. To "lapse" means that if a beneficiary named in the will dies before the testator, the gift intended for that beneficiary becomes ineffective and essentially fails.
Under common law rules before antilapse statutes, a lapsed gift would typically get redistributed among the testator's other beneficiaries or heirs.
However, the Florida antilapse statute presumes that the testator would want the lapsed gift to instead pass down to the deceased beneficiary's lineal descendants (children, grandchildren, etc.), as long as those descendants are also descendants of the testator's grandparents. While this statute aims to honor the testator's intent, it can sometimes lead to unintended consequences.
Potential Negative Effects of the Florida Antilapse Statute:
While the antilapse statute aims to preserve the testator's intent, it can sometimes lead to unintended consequences:
Unintended Beneficiaries: The statute may result in gifts passing to descendants you did not intend to benefit. For example, if you leave a significant asset to a sibling who predeceases you, the asset could pass to their children, even if you did not have a close relationship with them.
Complicated Estate Distribution: The automatic substitution of descendants can complicate the distribution of your estate, especially if there are multiple predeceased beneficiaries with numerous descendants.
Potential for Disputes: The application of the antilapse statute can lead to disputes among beneficiaries, particularly if the substituted descendants are not well-known to the family or if there are disagreements about the interpretation of the will.
Estate planning involves navigating complex legal requirements. An attorney can ensure that your will complies with all relevant laws and that your estate plan is legally sound by crafting specific provisions to waive the antilapse statute or include survivorship language tailored to your unique situation. Knowing that your will has been professionally drafted provides peace of mind that your estate will be distributed according to your wishes, minimizing the risk of disputes and unintended consequences.