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Florida Estates And Trusts Code Section 732.302 - Probate Code: Intestate Succession And Wills - Pretermitted children.

Legal Research Home > Florida Lawyer > Estates and Trusts > Florida Estates And Trusts Code Section 732.302 - Probate Code: Intestate Succession And Wills - Pretermitted children.

Title XLII   ESTATES AND TRUSTS

Chapter 732   PROBATE CODE: INTESTATE SUCCESSION AND WILLS

732.302  Pretermitted children.--When a testator omits to provide by will for any of his or her children born or adopted after making the will and the child has not received a part of the testator's property equivalent to a child's part by way of advancement, the child shall receive a share of the estate equal in value to that which the child would have received if the testator had died intestate, unless:

(1)  It appears from the will that the omission was intentional; or

(2)  The testator had one or more children when the will was executed and devised substantially all the estate to the other parent of the pretermitted child and that other parent survived the testator and is entitled to take under the will.

The share of the estate that is assigned to the pretermitted child shall be obtained in accordance with s. 733.805.

History.--s. 1, ch. 74-106; s. 16, ch. 75-220; s. 958, ch. 97-102; s. 36, ch. 2001-226.

Note.--Created from former s. 731.11.

Last modified: November 21, 2006