List descendants who might take under an antilapse section
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- The rule is state law, and the lawyer must confirm which state's law governs. For example, Florida Statutes s 732.603 creates a substitute gift for a limited class of devisees. From the will and the death certificates, copy the original beneficiary, whether the file describes that person as a grandparent or a descendant of a grandparent of the testator, any survivorship words, and the descendants of that beneficiary who survived. Leave the substitution blank.
- 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 732.603(1) creates a substitute gift in the surviving descendants of a devisee, who take per stirpes, if the devisee is a grandparent or a descendant of a grandparent of the testator and is dead when the will is executed, fails to survive the testator, or must be treated as having predeceased. A contrary intent controls. Words of survivorship such as "if he survives me" or "my surviving children" are a sufficient contrary intent under subsection (3)(a). Subsection (4) says the section applies only to outright devises and appointments. Devises and appointments in trust, including to a testamentary trust, are subject to section 736.1106, which was not opened. The tool lists the facts and leaves the substitution blank. It does not distribute the gift.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.