Florida Probate & Trust Litigation Blog: Can you challenge the revocation of a revocable trust on undue influence grounds? Statute says YES, 4th DCA says NO. I say … what?! (September 20, 2021)

Juan C. Antúnez, in his Florida Probate & Trust Litigation Blog, discusses the revocation of a revocable trust. The article begins as follows:

In 2011 the Florida legislature passed CS/HB 325, which, among other things, amended F.S. 736.0406 to statutorily overturn a line of cases — including the 4th DCA’s opinion in MacIntyre v. Wedell, 12 So.3d 273 (Fla. 4th DCA 2009) — standing for the proposition that the revocation of a revocable trust could not be challenged on undue influence grounds.

If the MacIntyre rule doesn’t make sense to you, don’t worry, you’re in good company. A lot of really smart people took one look at that opinion and quickly concluded a legislative fix was needed. Here’s how the case for a statutory override was made in this Florida Bar RPPTL Section White Paper:

To see the full article, click: “Can you challenge the revocation of a revocable trust on undue influence grounds? Statute says YES, 4th DCA says NO. I say … what?!”.

Posted by Bennett Mansour, Associate Editor, Wealth Strategies Journal.