Florida Statutes

Fla. Stat. § 736.0207 (2025)

Trust contests.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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736.0207 Trust contests.—

(1) In an action to contest the validity or revocation of all or part of a trust, the contestant has the burden of establishing the grounds for invalidity.

(2) An action to contest the validity of all or part of a revocable trust, or the revocation of part of a revocable trust, may not be commenced until the trust becomes irrevocable by its terms or by the settlor’s death. If all of a revocable trust has been revoked, an action to contest the revocation may not be commenced until after the settlor’s death. This section does not prohibit such action by the guardian of the property of an incapacitated settlor.

History.—s. 2, ch. 2006-217; s. 9, ch. 2011-183; s. 7, ch. 2014-127.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2008–2023 · leading case: Swan v. Trost, 100 So. 3d 1205 (Fla. 2d DCA 2012).

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Swan v. Trost, 100 So. 3d 1205 (Fla. 2d DCA 2012). “Section 736.0207 provides that an action to contest the validity of a revocable trust may not be commenced until the trust becomes irrevocable by the settlor's death or by other trust terms, except by the guardian of an incapacitated settlor’s property.”

In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008). · cites it 2× “§ 736.0207, Fla. Stat. Trust contests. § 744.”

Tarek Habal v. Suzanne Habal, Etc. (Fla. 4th DCA 2020). · cites it 8× “In this case, we hold that, pursuant to the plain language of section 736.0207, Florida Statutes (2019), a contingent remainderman who is not the settlor’s guardian does not have standing to challenge the viability of an amendment to a revocable trust while the settlor still…”

In Re: Amendments to Florida Prob. Rules - 2023 Legislation (Fla. 2023). · cites it 2× “-7- § 736.0207, Fla. Stat. Trust contests. § 744.”

— 736.0207(2) — 1 case

Tarek Habal v. Suzanne Habal, Etc. (Fla. 4th DCA 2020). “In this case, we hold that, pursuant to the plain language of section 736.0207, Florida Statutes (2019), a contingent remainderman who is not the settlor’s guardian does not have standing to challenge the viability of an amendment to a revocable trust while the settlor still…”

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