736.0406

Effect of fraud, duress, mistake, or undue influence.

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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.

Notes of Decisions

Cited in 3 cases, 2007–2017 · leading case: MacIntyre v. Wedell

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MacIntyre v. Wedell (2009) fladistctapp · cites it 2× “206, Florida Statutes (1993), and that language presently appears in section 736.0406, Florida Statutes (2008).”

Parker v. Estate of Bealer ex rel. U.S. Trust Co. (2007) wva “Thus, Fla. Stat. § 736.0406 provides: A trust is void if the creation of the trust is procured by fraud, duress, mistake, or undue influence.”

Flanzer v. Kaplan (2017) fladistctapp · cites it 2× “§ 736.0406, Fla. Stat, (2015). An action to contest the.”

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