Can a Trust Be Contested in Florida?

Yes, a trust can be contested in Florida, but the grounds for doing so are limited and the process requires meeting specific legal requirements under the Florida Trust Code (Florida Statutes Chapter 736). At the Law Offices of Albert Goodwin, PA, we represent beneficiaries, heirs, and other interested parties in trust contests throughout Miami-Dade County, Broward County, and Palm Beach County. Contesting a trust is a serious legal action that challenges the validity of the trust instrument itself, and understanding the available grounds, who has standing, and the applicable deadlines is essential before proceeding.

Unlike contesting a will, which takes place during probate, a trust contest involves a separate civil action or a proceeding in the court that has jurisdiction over trust matters. Because revocable trusts are the most common estate planning vehicle in Florida, trust contests have become increasingly common as families discover that a loved one's trust was created or amended under circumstances that suggest something went wrong.

Who Has Standing to Contest a Trust in Florida?

Not everyone can contest a trust. Under Florida law, only persons who have a sufficient legal interest in the trust have standing to bring a contest. Generally, the following parties may have standing to challenge a trust:

Beneficiaries named in the trust. Current and remainder beneficiaries who are named in the trust instrument have standing to challenge the trust if they believe it was procured by improper means or is invalid for other reasons.

Beneficiaries of a prior version of the trust. If a settlor amended or restated their revocable trust and removed a beneficiary, the removed beneficiary may have standing to challenge the amendment on the grounds that it was the product of undue influence, fraud, or lack of capacity. If the amendment is invalidated, the prior version of the trust would be reinstated, and that beneficiary's interest would be restored.

Heirs at law. The settlor's heirs who would inherit under Florida's intestacy statutes if the trust were declared entirely invalid may also have standing, because they stand to benefit if the trust is set aside.

Personal representatives and creditors. In certain circumstances, the personal representative of the settlor's estate or creditors of the settlor may have standing to challenge a trust, particularly where the trust was funded through transfers that constitute fraud against creditors.

Grounds for Contesting a Trust in Florida

Florida law recognizes several grounds on which a trust may be contested. Each ground requires specific evidence and legal analysis, and more than one ground may apply in a given case.

Lack of Mental Capacity

A trust is only valid if the settlor had the mental capacity to create it at the time the trust instrument was executed. Under Florida law, the standard for testamentary capacity requires that the settlor understood the nature and extent of their property, the natural objects of their bounty (meaning the people who would normally be expected to inherit), and the legal effect of signing the trust document. If the settlor was suffering from dementia, Alzheimer's disease, a severe mental illness, or the effects of medication that impaired their cognitive function at the time they signed the trust, the trust may be voidable for lack of capacity.

Medical records are often the most critical evidence in a lack-of-capacity claim. Hospital records, physician notes, neurological evaluations, and prescription records can establish the settlor's mental state around the date the trust was executed or amended. Testimony from family members, friends, caregivers, and the attorney who drafted the trust may also be relevant.

Undue Influence

Undue influence is one of the most frequently alleged grounds for contesting a trust in Florida. Undue influence occurs when a person in a position of trust or authority over the settlor exerts pressure that overcomes the settlor's free will and causes the settlor to create or amend a trust in a way that benefits the influencer or someone the influencer designates.

Florida courts have identified several factors that may indicate undue influence, including: the alleged influencer's presence at the execution of the trust, the alleged influencer's involvement in selecting or communicating with the drafting attorney, the settlor's isolation from family and friends, a sudden change in the estate plan that disproportionately benefits one person, a confidential or fiduciary relationship between the alleged influencer and the settlor, and the settlor's physical or mental vulnerability.

Under Florida law, if a substantial beneficiary of the trust was in a confidential relationship with the settlor and was active in procuring the trust instrument, a presumption of undue influence arises, and the burden shifts to the beneficiary to prove that the trust was not the product of undue influence. This burden-shifting framework, established in cases such as In re Estate of Carpenter, is a powerful tool for contestants because it forces the alleged influencer to come forward with evidence of the settlor's independent judgment.

Fraud

A trust may be contested on the basis of fraud if the settlor was deceived into creating or amending the trust. There are two types of fraud recognized under Florida law:

Fraud in the inducement occurs when someone makes false statements to the settlor that cause the settlor to execute a trust they would not otherwise have executed. For example, if someone falsely tells a settlor that a particular child has been stealing from them, and the settlor disinherits that child in reliance on the false statement, the resulting trust amendment may be set aside for fraud in the inducement.

Fraud in the execution occurs when the settlor is deceived about the nature of the document they are signing. For example, if someone tells the settlor they are signing a power of attorney when in reality they are signing a trust amendment, the amendment may be voided for fraud in the execution.

Duress

A trust executed under duress is voidable. Duress involves threats, coercion, or other forms of compulsion that leave the settlor with no reasonable alternative but to sign the trust document. While duress claims are less common than undue influence claims, they may arise in cases involving elder abuse or domestic violence where the settlor was threatened with physical harm, abandonment, or other severe consequences if they did not execute the trust.

Improper Execution

Under Florida Statutes § 736.0403, a trust of personal property may be created without formal requirements, but a trust that includes real property must be evidenced by a written instrument signed by the settlor. A revocable trust that serves as a will substitute and contains a testamentary disposition is generally expected to comply with formalities similar to those required for wills. If the trust instrument was not properly signed, or if there is evidence that the settlor's signature was forged, the trust may be invalidated.

Revocation or Amendment by a Subsequent Instrument

A revocable trust may be revoked or amended by the settlor at any time during the settlor's lifetime, unless the terms of the trust provide otherwise. Under F.S. § 736.0602, the settlor may revoke or amend a revocable trust by substantial compliance with a method provided in the trust terms or by a later will or codicil that expressly refers to the trust. If a later instrument exists that revokes or amends the trust, the earlier version may no longer be valid.

Statute of Limitations for Trust Contests in Florida

Timing is critical in any trust contest. Florida law imposes strict deadlines that vary depending on the nature of the claim and when the interested party received notice.

Under F.S. § 736.0604, upon the death of the settlor of a revocable trust, the trustee may send a notice of trust to all qualified beneficiaries. This notice must inform beneficiaries that the trust has become irrevocable upon the settlor's death and must provide information about the trustee and the right to request a copy of the trust. Once a beneficiary receives this notice and a copy of the trust instrument, the beneficiary generally has a limited period within which to bring a challenge.

While Florida's Trust Code does not set a single, bright-line statute of limitations for all trust contests in the same way the probate code does for will contests, courts have applied various limitations periods depending on the specific claim. Actions based on fraud are generally subject to a four-year statute of limitations under F.S. § 95.11(3), and claims based on undue influence or lack of capacity may be subject to similar or shorter periods depending on when the claimant knew or should have known of the grounds for the contest. Delay in bringing a trust contest can result in the claim being barred by laches or the applicable statute of limitations, so prompt action is essential.

The Trust Contest Process in Florida

A trust contest in Florida is typically initiated by filing a complaint or petition in the circuit court of the county where the trust is being administered. The proceeding may be brought as a declaratory judgment action seeking a judicial determination that the trust or a particular amendment is invalid. The contestant bears the initial burden of establishing grounds for the contest, although the burden may shift to the proponent of the trust if a presumption of undue influence is established.

Discovery in trust contest litigation can be extensive. Parties may take depositions of the drafting attorney, witnesses to the trust execution, medical providers, caregivers, and family members. Document production may include the settlor's medical records, financial records, prior estate planning documents, and communications between the settlor and the alleged influencer. Expert testimony from medical professionals, forensic accountants, or handwriting experts may also be necessary.

Many trust contests are resolved through mediation or settlement before trial. Florida courts generally encourage mediation in trust and estate disputes, and in many circuits, mediation is required before a case can be set for trial. Settlement negotiations may result in a redistribution of trust assets that addresses the concerns of the contesting party without the expense and uncertainty of a full trial.

What Happens If the Trust Contest Is Successful?

If a court determines that a trust or a trust amendment is invalid, the consequences depend on the nature of the invalidity. If only a particular amendment is invalidated, the trust may revert to its prior version. If the entire trust is declared invalid, the trust assets may pass through the settlor's probate estate and be distributed according to the settlor's will, or if there is no valid will, under Florida's intestacy statutes.

In some cases, a court may find that only certain provisions of the trust are invalid while the remainder of the trust is enforceable. This partial invalidity approach avoids throwing out the entire trust when only one provision was the product of undue influence or fraud.

Contact a Florida Trust Contest Attorney

If you believe a trust was created or amended under circumstances involving undue influence, lack of capacity, fraud, or other improper conduct, you should consult with an experienced trust litigation attorney as soon as possible. Statutes of limitations and laches defenses mean that delay can permanently bar your claim. At the Law Offices of Albert Goodwin, PA, located at 121 Alhambra Plz #1000, Coral Gables, FL 33134, we handle trust contests and trust contest defense for clients throughout South Florida. Call us at 786-522-1411 or email [email protected] to schedule a consultation.