Florida Statute 736.0207 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

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F.S. 736.0207

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 If all of a revocable trust has been revoked, an action to contest the revocation may not be commenced until after the settlor’s death.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.

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Amendments to 736.0207

Arrestable Offenses / Crimes under Fla. Stat. 736.0207

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 736.0207.

Annotations, Discussions, Cases:

Cases Citing Statute 736.0207

Total Results: 5

In Re: Amendments to Florida Probate Rules - 2023 Legislation

Court: Supreme Court of Florida | Date Filed: 2023-12-14

Snippet: -7- § 736.0207, Fla. Stat. Trust contests. § 744.3215,

TAREK HABAL v. SUZANNE HABAL, etc.

Court: District Court of Appeal of Florida | Date Filed: 2020-09-09

Snippet: that, pursuant to the plain language of section 736.0207, Florida Statutes (2019), a contingent remainderman

Flanzer v. Kaplan

Court: District Court of Appeal of Florida | Date Filed: 2017-11-29

Citation: 230 So. 3d 960

Snippet: irrevocable by its terms or by the .settlor’s death.” § 736,0207(2) (emphasis added). However, the Code does not

Swan v. Trost

Court: District Court of Appeal of Florida | Date Filed: 2012-11-09

Citation: 100 So. 3d 1205, 2012 Fla. App. LEXIS 19550

Snippet: . Erich Trost died in December 2011. Section 736.0207 provides that an action to contest the validity

In Re Amend. to Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2008-07-10

Citation: 986 So. 2d 576, 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

Snippet: Capacity; appointment of guardian advocate. § 736.0207, Fla. Stat. Trust contests. § 744.3215, Fla. Stat