Florida Trust Law : Is an Amendment to a Florida Trust Document Valid if it is Only Signed by One Witness?

What happens if your dad fails to have the two witnesses to his trust amendment sign the amendment? What if your dad fails to sign his own Florida trust? Is it still valid according to Florida law? Can reformation validate a trust amendment in Florida? What are the formalities required to execute a valid trust amendment in Florida? What should probate lawyers in West Palm Beach know about executing a trust? You may want to read a recent Second DCA opinion Kelly v. Lindenau.

This case discusses what is required to execute a valid trust and Florida will. According to Florida Statute 736.0403(s)(b), the testamentary aspects of a revocable trust are invalid unless the trust document is executed by the settlor of the trust with the same formalities as are required for the execution of a will. The Florida Probate Code requires that wills must be signed in the presence of two attesting witnesses and that those attesting witnesses must themselves sign  the will in the presence of the testator and of each other. Therefore,  Palm Beach probate lawyers know that a trust or trust amendment must be signed by the settlor in the presence of two attesting witnesses and those witnesses must themselves sign the trust or trust amendment in the presence of the testator and each other. In this particular case, trust amendments were executed in the presence of two witnesses but were ONLY signed by ONE of the witnesses, not both. What did the Second DCA have to say about this? Will the trust amendments be deemed valid? To read the entire case, click here.