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

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MacIntyre v. Wedell, 12 So. 3d 273 (Fla. 4th DCA 2009).

Cited 1 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 5440, 2009 WL 1393375

...NOTES [1] Paananen was decided in 1991. In 1992, the legislature enacted a statute providing that "[a] trust is void if the execution is procured by fraud, duress, mistake, or undue influence," see section 737.206, Florida Statutes (1993), and that language presently appears in section 736.0406, Florida Statutes (2008)....

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

Published | Florida 2nd District Court of Appeal

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

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