Fraud, Duress, and Undue Influence in Trust Creation. Florida Trust Code Section 736.0406

In Florida, if the creation or amendment of a trust is done by fraud, duress, or undue influence, the trust or any amendment will be void.

Are you feeling skeptical about a trust put into place by your grandfather in West Palm Beach?  Did your Pompano Beach esate planner add or modify a section of your trust agreement without your permission?  For those who wish to challenge the validity of a trust or a specific portion of a trust agreement in Florida:

• They must first allege fraud, duress, mistake, or undue influence.
• The courts will then look to the Florida Trust Code for guidance on how to handle the particular reason for invalidity.
• However, the Florida Trust Code has built-in flexibility to enable courts to address the endless ways people attempt to create an invalid trust through undue influence, fraud, or duress.
• Section 736.0406

Did someone in a position of trust, such as a Fort Lauderdale caretaker or relative, use his or her influence over an elderly person to procure a trust contrary to the settlor’s true wishes? Was the trust procured at a time when the settlor was suffering from a condition affecting his mental capacity? Does the person who procured the invalid trust benefit substantially, contrary to the settlor’s prior Florida estate plan? And West Palm Beach probate litigation attorney knows, the Florida Trust Code provides the basic tools to enable litigants to challenge invalid trusts and correctly assumes that one-size of undue influence or fraud does not fit all situations.

Do you have any personal experience with trust agreement contest proceedings?  If so, leave a comment below.

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