736.0207

Trust contests.

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 If all of a revocable trust has been revoked, an action to contest the revocation may not be commenced until after the settlor’s death.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

Sort: Relevance Newest Treatment

Swan v. Trost (2012) fladistctapp “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 Probate Rules (2008) fla · cites it 2× “§ 736.0207, Fla. Stat. Trust contests. § 744.”

TAREK HABAL v. SUZANNE HABAL, etc. (2020) fladistctapp · 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 Probate Rules - 2023 Legislation (2023) fla · cites it 2× “-7- § 736.0207, Fla. Stat. Trust contests. § 744.”

— 736.0207(2) — 1 case

TAREK HABAL v. SUZANNE HABAL, etc. (2020) fladistctapp “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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