---
title: "Record where a failed devise would be read to fall"
url: "https://ailawframework.com/practice/wills-estates-probate-and-succession/check-where-a-failed-gift-falls/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A17-SF20261022-14-US"
practice_area: "Wills, Estates, Probate & Succession"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Record where a failed devise would be read to fall

> The rule is state law, and the lawyer must confirm which state's law governs. For example, Florida Statutes s 732.604 provides that a failed non-residuary devise becomes part of the residue.…

Canonical page: https://ailawframework.com/practice/wills-estates-probate-and-succession/check-where-a-failed-gift-falls/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Wills, Estates, Probate & Succession](https://ailawframework.com/practice/wills-estates-probate-and-succession.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | The rule is state law, and the lawyer must confirm which state's law governs. For example, Florida Statutes s 732.604 provides that a failed non-residuary devise becomes part of the residue. From the will, list the devise that is said to have failed, the words of any residue clause, and any words that look like a contrary intention. Leave blank whether the devise falls into residue. |
| What the lawyer must review | The rule is state law, and the lawyer must confirm which state's law governs. For example, Florida Statutes s 732.604 says that, except as provided in section 732.603, a devise other than a residuary devise that fails for any reason becomes part of the residue. If the residue is devised to two or more persons, the failed share of one passes to the other residuary devisee, or to the others in proportion to their interests in the remaining residue, again except as section 732.603 provides. The tool lists the clause and leaves the reading blank. It does not construe the will. Section 732.603 was opened and is the exception the lawyer applies. It is not applied by the tool. |
| Written for | United States |
| Applies to | [Check where a failed gift falls](https://ailawframework.com/practice/wills-estates-probate-and-succession/check-where-a-failed-gift-falls.md) |

## Checking plan

- What the AI does: The rule is state law, and the lawyer must confirm which state's law governs. For example, Florida Statutes s 732.604 provides that a failed non-residuary devise becomes part of the residue. From the will, list the devise that is said to have failed, the words of any residue clause, and any words that look like a contrary intention. Leave blank whether the devise falls into residue.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Wills, intestacy and probate are state law; confirm the governing state before relying on this.
- The Florida example is 2025 Florida Statutes text. The Senate site says the text is unverified. Another state's statute was not opened.
- Do not construe the residue clause. Antilapse is an exception. The tool does not apply it.

## Sources

- [Florida Statutes section 732.604, Failure of testamentary provision](https://www.flsenate.gov/Laws/Statutes/2025/732.604) (checked 2026-10-22)
- [Florida Statutes section 732.603, Antilapse; deceased devisee; class gifts](https://www.flsenate.gov/Laws/Statutes/2025/732.603) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*