Florida Statute 736.0207 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

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 If all of a revocable trust has been revoked, an action to contest the revocation may not be commenced until after the settlor’s death.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

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Amendments to 736.0207

Annotations, Discussions, Cases:

Cases Citing Statute 736.0207

Total Results: 5 | Sort by: Relevance | Newest First

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Tarek Habal v. Suzanne Habal, Etc. (Fla. Dist. Ct. App. 2020).

Published | District Court of Appeal of Florida

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

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Swan v. Trost, 100 So. 3d 1205 (Fla. 2d DCA 2012).

Published | Florida 2nd District Court of Appeal | 2012 Fla. App. LEXIS 19550, 2012 WL 5458080

...Therefore, we grant the petition for writ of certiorari and quash the discovery order, except for request fifteen. Petition granted, in part; discovery order quashed as provided herein. NORTHCUTT and WALLACE, JJ., Concur. . Erich Trost died in December 2011. 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....

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Flanzer v. Kaplan, 230 So. 3d 960 (Fla. 2d DCA 2017).

Published | Florida 2nd District Court of Appeal

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

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In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008).

Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

...New (c)(3) added to reflect passage of 2006 amendment to section 737.2065, Florida Statutes. Committee notes revised. 2007 Revision: Committee notes revised. 2008 Revision: Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 736.0207, Fla....

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In Re: Amendments to Florida Prob. Rules - 2023 Legislation (Fla. 2023).

Published | Supreme Court of Florida

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

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