Bequests in Florida
A bequest is a testamentary gift of property made through a Florida will. The classification of the bequest determines how it is treated if the estate lacks sufficient assets to satisfy all gifts.
Types of Bequests
Florida recognizes specific bequests (identified assets), general bequests (dollar amounts from the overall estate), demonstrative bequests (amounts from designated sources), and residuary bequests (the remainder after all other gifts). Specific bequests receive the highest priority; residuary bequests are reduced first if the estate is insufficient.
Failed Bequests
Florida bequests can fail through ademption (the asset no longer exists at death), lapse (the beneficiary predeceases the testator), or abatement (insufficient estate assets). Florida's anti-lapse statute (Section 732.603) saves certain lapsed gifts by redirecting them to the deceased beneficiary's descendants, preventing unintended disinheritance.
Related Terms
Barnes Walker Estate Planning
Barnes Walker drafts wills and manages probate estates throughout Southwest Florida. Contact us for estate planning guidance.
Florida Law Reference
Fla. Stat. Ch. 732
Governs the execution requirements for valid wills in Florida, intestate succession, the elective share, and the rights of pretermitted spouses and children.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC