The cardinal principle of Florida law in the interpretation of a will is to ensure that the intention of the will makers is followed.
That is made difficult in this will because there are two clauses that apparently are irreconcilable. The language "I hereby give and bequeath to my issue per stirpes" suggests that the residuary estate is to be divided into equal shares and distributed one share each to the deceased's children. However, the next statement made in the will is directing that all of the assets of the deceased person be distributed to specifically identified people, and then that is followed by the language specifically disinheriting the deceased son.
The general rule of law in Florida is that where there are two clauses that are irreconcilable, the latter clause should prevail, as that is the last statement of the will maker's intent.
The quoted language specifically provides that the deceased son is to receive nothing, and that is the last statement made in the will with regard to the distribution of assets. Accordingly, it is very likely that the court would construe the language of the will to provide for distribution to the deceased's son.
If you are the deceased's son, you may want to consult with experienced probate counsel to see if there are options available to you. However, absent some circumstance beyond what is provided in your question, it is unlikely a court will award the son any of the deceased's estate.
Answered on Jul 17th, 2013 at 5:00 PM