Florida Statute 736.207 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

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F.S. 736.0207

736.0207 Trust contests.—

(1) In an action to contest the validity or revocation of all or part of a trust, the contestant has the burden of establishing the grounds for invalidity.

(2) An action to contest the validity of all or part of a revocable trust, or the revocation of part of a revocable trust, may not be commenced until the trust becomes irrevocable by its terms or by the settlor’s death. If all of a revocable trust has been revoked, an action to contest the revocation may not be commenced until after the settlor’s death. This section does not prohibit such action by the guardian of the property of an incapacitated settlor.

History.—s. 2, ch. 2006-217; s. 9, ch. 2011-183; s. 7, ch. 2014-127.

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Amendments to 736.0207

Annotations, Discussions, Cases:

Cases Citing Statute 736.0207

Total Results: 5

In Re: Amendments to Florida Probate Rules - 2023 Legislation

Supreme Court of Florida | Filed: Dec 14, 2023 | Docket: 68088044

Published

-7- § 736.0207, Fla. Stat. Trust contests. § 744.3215

TAREK HABAL v. SUZANNE HABAL, etc.

District Court of Appeal of Florida | Filed: Sep 9, 2020 | Docket: 18420366

Published

hold that, pursuant to the plain language of section 736.0207, Florida Statutes (2019), a contingent remainderman

Flanzer v. Kaplan

230 So. 3d 960

District Court of Appeal of Florida | Filed: Nov 29, 2017 | Docket: 6232643

Published

irrevocable by its terms or by the .settlor’s death.” § 736,0207(2) (emphasis added). However, the Code does not

Swan v. Trost

100 So. 3d 1205, 2012 Fla. App. LEXIS 19550, 2012 WL 5458080

District Court of Appeal of Florida | Filed: Nov 9, 2012 | Docket: 60225563

Published

Concur. . Erich Trost died in December 2011. Section 736.0207 provides that an action to contest the validity

In Re Amend. to Florida Probate Rules

986 So. 2d 576, 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1426902

Published

Capacity; appointment of guardian advocate. § 736.0207, Fla. Stat. Trust contests. § 744.3215, Fla.