Yes.  Per the Florida Trust Code, trust beneficiaries are permitted to challenge a trust agreement. But what does it mean to challenge, or "contest," a trust?

Contesting a trust in Florida is a legal process where qualified individuals challenge the validity or terms of a trust agreement. Grounds for challenging the trust can be lack of testamentary capacity, undue influence, fraud or duress, or simply mistakes made while creating the trust. We have explained these points in detail in the next section of this blog. 

In Florida, only individuals with legal status can contest a trust. This concept, known as "trust standing", is important in determining who has the right to challenge the validity or terms of the trust in court. The people with trust status generally include the beneficiaries named in the trust, the heirs who would inherit if the trust were no longer in existence, and, in some cases, creditors or other interested parties who can demonstrate a legitimate stake in the outcome of the trust. It is important to note that standing does not guarantee success in contesting a trust election. It simply gives someone the legal right to bring a challenge before the court.

Know Your Deadline: Contesting a Trust in Florida

Florida law provides that an action to contest the validity of the trust is barred if not commenced within six (6) months after the trustee sends the individual a copy of the trust instrument and a notice informing the person of the trust’s existence, of the trustee’s name and address, and of the time allowed for commencing a proceeding. See FL Stat. § 736.0604(2).

Reasons to Contest a Trust:

Invididuals who wish to contest a trust must have valid grounds for their claim. Thus, under Florida law, a qualified beneficiary can challenge a Florida trust to the extent that he or she has sufficient grounds to do so. Common reasons to challenge a trust agreement include:

1. Lack of capacity: If the settlor or grantor (the person who created the trust) did not have the mental capacity to understand the nature and consequences of creating a trust, the trust may be deemed invalid.
2. Undue influence: If the settlor or grantor was unduly influenced or coerced into creating or modifying the trust, the trust may be challenged for undue influence.
3. Fraud or duress: If the settlor or grantor was deceived or forced into creating or modifying the trust, the trust may be contested based on fraud or distress.
4. Mistake: If there was a mistake in the creation or administration of the trust, such as a clerical error or misinterpretation of the settlor or grantor's intentions, the trust may be contested.

Contesting a Trust in Florida: Talk to an Experienced Trust and Estate Attorney Today.

Here at e-Estates and Trusts, PLLC, we have years of experience guiding trustees through the administration process. Don’t go it alone… we welcome you to schedule a complimentary consultation with one of our experienced estates and trusts attorneys today. 

Useful Resources: 

1. As a Qualified Trust Beneficiary, can you waive your right to an Accounting?
2. Mistakes to avoid as a personal representative

Disclosure:

The information contained in this website and blog is general and is not intended in any way to answer individual legal questions. If you have a legal question concerning your circumstances, please contact our firm to schedule a conference with one of our experienced estates and trusts attorneys. Your review of information from this website or blog does not create an attorney-client relationship, nor any legal privileges relating thereto.