What legal grounds can be used to challenge a trust in Florida?
July 22, 2026 – Daniel A. Seigel
Legal grounds for challenging a trust in Florida include lack of capacity, undue influence, fraud, duress, or mistake at the time of the trust’s creation or modification. Florida Statute 736.0406 states that a trust is void if procured through fraud, duress, mistake, or undue influence. Additionally, any breach of fiduciary duty by the trustee can also be a valid ground for litigation, as beneficiaries may seek remedies for such breaches under Florida Statute 736.1001.
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