Do a Deceased Sibling’s Children Inherit Under a Will in Florida? | Florida Probate | FastCounsel
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Do a Deceased Sibling’s Children Inherit Under a Will in Florida?

How does the death of siblings named in the will affect distribution to their children?: Practical guidance under North Carolina law - Florida

The Short Answer

In Florida, if a sibling named in a will dies before the person who made the will (the “testator”), the sibling’s gift does not always disappear. In many cases, Florida’s “anti-lapse” rule creates a substitute gift for that sibling’s surviving children (and other descendants), unless the will shows a clear intent to require survival or to give the share to someone else.

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 “survivorship” wording in the will: Florida law treats phrases like “if he survives me,” “if she survives me,” or gifts to “my surviving children” as strong evidence that the testator did not want the anti-lapse substitution to apply. See Fla. Stat. § 732.603(3).
  • Whether the gift is “outright” or in trust: Section 732.603 applies only to outright devises; gifts held in trust can be governed by a different anti-lapse rule under the Florida Trust Code. See Fla. Stat. § 736.1106.
  • Who qualifies as a “descendant” and how shares are divided: Even when children take, the division is typically per stirpes, which can change outcomes when there are multiple branches of the family. See Fla. Stat. § 732.603(1).

These issues can change who inherits, by how much, and whether a dispute is likely. An attorney can review the exact will language, identify whether anti-lapse applies, and help prevent distribution mistakes that can trigger objections, surcharge claims, or litigation.

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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.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.