Fla. Stat. 736.0406
Effect of fraud, duress, mistake, or undue influence

If the creation, amendment, or restatement of a trust is procured by fraud, duress, mistake, or undue influence, the trust or any part so procured is void. The remainder of the trust not procured by such means is valid if the remainder is not invalid for other reasons. If the revocation of a trust, or any part thereof, is procured by fraud, duress, mistake, or undue influence, such revocation is void.

Source: Section 736.0406 — Effect of fraud, duress, mistake, or undue influence, https://www.flsenate.gov/Laws/Statutes/2024/0736.0406 (accessed Aug. 7, 2025).

736.0401
Methods of creating trust 736.0402
Requirements for creation 736.0403
Trusts created in other jurisdictions 736.0404
Trust purposes 736.0405
Charitable purposes 736.0406
Effect of fraud, duress, mistake, or undue influence 736.0407
Evidence of oral trust 736.0408
Trust for care of an animal 736.0409
Noncharitable trust without ascertainable beneficiary 736.0410
Modification or termination of trust 736.0412
Nonjudicial modification of irrevocable trust 736.0413
Cy pres 736.0414
Modification or termination of uneconomic trust 736.0415
Reformation to correct mistakes 736.0416
Modification to achieve settlor’s tax objectives 736.0417
Combination and division of trusts 736.04113
Judicial modification of irrevocable trust when modification is not inconsistent with settlor’s purpose 736.04114
Limited judicial construction of irrevocable trust with federal tax provisions 736.04115
Judicial modification of irrevocable trust when modification is in best interests of beneficiaries 736.04117
Trustee’s power to invade principal in trust

Current through Fall 2025

§ 736.0406. Effect of fraud, duress, mistake, or undue influence's source at flsenate.gov

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Location: https://florida.public.law/statutes/fla._stat._736.0406

Original Source: Section 736.0406 — Effect of fraud, duress, mistake, or undue influence, https://www.flsenate.gov/Laws/Statutes/2024/0736.0406 (last accessed Aug. 7, 2025).