Chapter 732 — Wills & Intestate Succession

Florida Statute 732.6005

“Rules of construction and intention”

What it means

Section 732.6005 has two subsections. Subsection (1): the intention of the testator as expressed in the will controls the legal effect of the testator's dispositions, and the rules of construction in the part apply unless a contrary intention is indicated by the will.

Subsection (2): subject to subsection (1), a will is construed to pass all property which the testator owns at death, including property acquired after the execution of the will.

Subsection (2) concerns what a will is construed to reach. Under s. 732.101(1), any part of the estate not effectively disposed of by will passes to the decedent's heirs.

— What it says

The testator's intention as expressed in the will controls (§ 732.6005(1)).
Rules of construction apply unless a contrary intention is indicated by the will (§ 732.6005(1)).
A will is construed to pass all property owned at death (§ 732.6005(2)).
That includes property acquired after the will was executed (§ 732.6005(2)).
Subsection (2) is subject to subsection (1) (§ 732.6005(2)).
Property not effectively disposed of by will passes to the decedent's heirs (§ 732.101(1)).

Text of the statute (2026)

§ 732.6005(1)

(1) The intention of the testator as expressed in the will controls the legal effect of the testator’s dispositions. The rules of construction expressed in this part shall apply unless a contrary intention is indicated by the will.

§ 732.6005(2)

(2) Subject to the foregoing, a will is construed to pass all property which the testator owns at death, including property acquired after the execution of the will.

Excerpts are the subsections the summary relies on. Read the full official text of § 732.6005.

History. s. 1, ch. 74-106; ss. 33, 35, ch. 75-220; s. 965, ch. 97-102; s. 49, ch. 2001-226.

— In a Florida probate

How it applies

In a dispute over what a will gives, subsection (1) points first to the will's own words. Under subsection (1), the rules of construction apply unless the will indicates a contrary intention. Subsection (2) means a devise is not defeated only because the testator acquired the asset after signing the will, if the will's terms reach it. Whether a clause such as a residuary clause reaches a given asset depends on the will's language. Property that no provision of the will disposes of passes under s. 732.101(1).

Where this shows up

Pages on this site where § 732.6005 does real work:

Related sections

§ 732.101Intestate estate § 732.502Execution of wills § 732.603Antilapse; deceased devisee; class gifts § 732.604Failure of testamentary provision

Questions people ask

Does a Florida will cover property acquired after it was signed?

Yes, if the will's terms reach it. Under § 732.6005(2), a will is construed to pass all property the testator owns at death, including property acquired after the will was executed, subject to the will's expressed intention.

What controls how a Florida will is interpreted?

The testator's intention as expressed in the will (§ 732.6005(1)). The statutory rules of construction apply unless the will indicates a contrary intention.

Sources

Fla. Stat. § 732.6005 (2026) (Entire section: subsections (1)-(2).)
Fla. Stat. § 732.101 (2026) (Subsection (1): property not effectively disposed of by will passes to the decedent's heirs.)

Last checked: October 17, 2026

The official text

This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.

Read § 732.6005

Published by the Probate.Help editorial team.How these pages are written and checked.