Trust Revocation Florida — which one is valid?
Florida residents LOVE their revocable trusts. And over time, they amend, revoke, re-publish and re-state the trust. Changing bits and pieces. And sometimes changing the whole trust. But what if one of those trust revocations is caused by undue influence? Can you set the trust revocation Florida aside? Even if it’s done by a written legal document? Yes you can! Read a couple of statutes and a recent case to learn all about this. To read about trust contests, click HERE.
How Do you Revoke a Trust?
Lots of family members and heirs get surprised when mom or dad die– and they read their revocable trust for the first time. Sometimes, revocable trusts are changed many times over the years.
These changes are sometimes called amendments. If an entire trust is going to be re-published, it’s sometimes referred to as a restatement. And, of course, there are revocations.
Most amendments or future changes to a revocable trust need to be in writing. Although you could destroy or revoke a trust by an act. Such as shredding or ripping up the trust in front of witnesses and saying ” I hereby revoke my trust.” That is perhaps the most common revocation by “act” or deed.
But the more common way is to simply change the trust by a writing. Amend it. And when you amend it, you “revoke” a prior section of the trust, or the entire trust itself. And you replace it with the new section or provision or new trust.
What if someone forced mom or dad to revoke a trust? By Undue Influence. Can you have that trust revocation Florida declared void or invalid or set aside? Yes ! Now you have a trust challenge on your hands!
Trust Revocation Florida Invalid? think again
On September 8, 2021, the 4th District Court of Appeal issued its opinion in Boyles v. Jimenez. This opinion had it “all” and is a “must read” for anyone interested in undue influence, revocable trusts, revoking a revocable trust, and removing a trustee or executor.
There is one interesting thing about the opinion. One part is wrong. The opinion cites two cases for the proposition that a trust revocation cannot be attacked based upon undue influence if the trust owner (settlor) was competent. Those two cases were later superceeded by a change to the Florida Trust Code.
Read Florida Trust Code 736.0602. This statute tells you how to revoke a trust. Put it another way, that law is THE law on Trust Revocation Florida. It will help you understand whether a revocation is valid or invalid.