Florida Statute 736.0406 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

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736.0406 Effect of fraud, duress, mistake, or undue influence.— If the creation, amendment, or restatement of a trust is procured by fraud, duress, mistake, or undue influence, the trust or any part so procured is void. The remainder of the trust not procured by such means is valid if the remainder is not invalid for other reasons. If the revocation of a trust, or any part thereof, is procured by fraud, duress, mistake, or undue influence, such revocation is void.

History.—s. 4, ch. 2006-217; s. 10, ch. 2011-183.

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Amendments to 736.0406

Annotations, Discussions, Cases:

Cases Citing Statute 736.0406

Total Results: 2

MacIntyre v. Wedell

12 So. 3d 273, 2009 Fla. App. LEXIS 5440, 2009 WL 1393375

District Court of Appeal of Florida | Filed: May 20, 2009 | Docket: 1646658

Cited 1 times | Published

(1993), and that language presently appears in section 736.0406, Florida Statutes (2008). In 2000, the legislature

Flanzer v. Kaplan

230 So. 3d 960

District Court of Appeal of Florida | Filed: Nov 29, 2017 | Docket: 6232643

Published

portion of a trust procured by undue' influence. § 736.0406, Fla. Stat, (2015). An action to contest the

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