Can Trust Beneficiaries Contest a Trust?
By: Rebecca Nichols, Esq.
November 28, 2022
Trust beneficiaries have an opportunity to contest a trust, meaning challenge the instrument, under Florida’s Trust Code. 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 sent 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)
Thus, under Florida law, a qualified beneficiary can challenge a Florida trust as long as he or she has sufficient grounds to do so. We will discuss what is considered to be a valid basis for contesting a trust in future blog posts. Whether you, as a trust beneficiary, have sufficient grounds to contest the trust is a legal matter that should be discussed with an experienced attorney.
Whether you, as a trustee, should be concerned about beneficiaries contesting the trust you are administering, is also a matter that should be discussed with a qualified attorney. 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 consultation with one of our experienced probate and trust administration attorneys.
Disclosure: The information contained in this website and blog is of a general nature and is not intended in any way to answer individual legal questions. If you have a legal question concerning your individual circumstances, please contact our firm to schedule a conference with one of our experienced attorneys. Your review of information from this website or blog does not create an attorney-client relationship, nor any legal privileges relating thereto.