Fla. Stat. 736.1108
Penalty clause for contest


(1)

A provision in a trust instrument purporting to penalize any interested person for contesting the trust instrument or instituting other proceedings relating to a trust estate or trust assets is unenforceable.

(2)

This section applies to trusts created on or after October 1, 1993. For purposes of this subsection, a revocable trust shall be treated as created when the right of revocation terminates.

Source: Section 736.1108 — Penalty clause for contest, https://www.­flsenate.­gov/Laws/Statutes/2024/0736.­1108 (accessed Aug. 7, 2025).

Current through Fall 2025

§ 736.1108. Penalty clause for contest's source at flsenate​.gov