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Florida Trust Law: Is Constructive Trust a Proper Remedy for Error in Execution of a Trust?

Uncategorized • Apr 26, 2019
post about Florida Trust Law: Is Constructive Trust a Proper Remedy for Error in Execution of a Trust?

What is the proper remedy for error in execution of a Florida trust? What can you do if a trust was improperly executed at the time it was created? What if a Florida trust doesn’t have two witness signatures? Is there a proper remedy for error in execution of a trust? If you are involved in trust litigation, you may wish to read a May 17,2017 Second DCA opinion, Kelly v. Lindenau.

This Florida trust case regarded a trust amendment that was not signed by a second witness. Therefore, it was not properly executed as required by Florida trust law. When the successor trustee brought action against the trust beneficiary seeking declaration as to the validity of the amendment, the purported beneficiary filed a counterclaim seeking reformation of the trust amendment. The beneficiary sought to correct the amendment’s improper execution under the statute permitting reformation of mistakes and constructive trust. The trial court granted the beneficiary’s counterclaim but the appellate court reversed and remanded. The Florida appellate court held that “[1] amendment’s improper execution could not be corrected under statute permitting reformation of mistakes, and [2] constructive trust was improper remedy for error in execution. To read the entire case, click here. To interview a West Palm Beach trust lawyer, free of charge, call (561)514-0900 ext. 101.