Florida Statute 732.806
“Gifts to lawyers and other disqualified persons”
What it means
Section 732.806(1) makes void any part of a written instrument that makes a gift to a lawyer or a person related to the lawyer, if the lawyer prepared or supervised the execution of the instrument or solicited the gift, unless the lawyer or other recipient is related to the person making the gift.
A provision appointing a lawyer or related person as a fiduciary is outside the section (subsection (2)). A waiver of the section is unenforceable (subsection (3)). A purchaser or lender for value takes free of claims under the section (subsection (4)). The invalid part is severable and does not affect other parts, including an alternate or substitute gift (subsection (6)).
Subsection (7) defines terms. Work by an employee or lawyer in the same firm counts as the lawyer's. “Related” covers spouses, lineal ascendants and descendants, siblings, relatives with whom the lawyer keeps a close familial relationship, their spouses, and cohabitants. The section applies to written instruments executed on or after October 1, 2013 (subsection (9)).
- Void: a gift to the lawyer or a related person when the lawyer prepared or supervised execution, or solicited the gift (§ 732.806(1)).
- Exception: the lawyer or other recipient is related to the person making the gift (§ 732.806(1)).
- Fiduciary appointments of the lawyer or a related person are outside the section (§ 732.806(2)).
- A provision waiving the section is unenforceable (§ 732.806(3)).
- The court must award taxable costs, including attorney fees, but not against a party who in good faith initiates an action to declare a gift void (§ 732.806(5)).
- Applies only to written instruments executed on or after October 1, 2013 (§ 732.806(9)).
Text of the statute (2026)
(1) Any part of a written instrument which makes a gift to a lawyer or a person related to the lawyer is void if the lawyer prepared or supervised the execution of the written instrument, or solicited the gift, unless the lawyer or other recipient of the gift is related to the person making the gift.
(2) This section is not applicable to a provision in a written instrument appointing a lawyer, or a person related to the lawyer, as a fiduciary.
(5) In all actions brought under this section, the court must award taxable costs as in chancery actions, including attorney fees. When awarding taxable costs and attorney fees under this section, the court may direct payment from a party’s interest in the estate or trust, or enter a judgment that may be satisfied from other property of the party, or both. Attorney fees and costs may not be awarded against a party who, in good faith, initiates an action under this section to declare a gift void.
(b) A person is “related” to an individual if, at the time the lawyer prepared or supervised the execution of the written instrument or solicited the gift, the person is: 1. A spouse of the individual; 2. A lineal ascendant or descendant of the individual; 3. A sibling of the individual; 4. A relative of the individual or of the individual’s spouse with whom the lawyer maintains a close, familial relationship; 5. A spouse of a person described in subparagraph 2., subparagraph 3., or subparagraph 4.; or 6. A person who cohabitates with the individual.
(9) This section applies only to written instruments executed on or after October 1, 2013.
Excerpts are the subsections the summary relies on. Read the full official text of § 732.806.
History. s. 7, ch. 2013-172; s. 1, ch. 2014-127.
How it applies
Subsection (1) has three parts: a gift in a written instrument to a lawyer or a related person; the lawyer prepared or supervised the execution of the instrument, or solicited the gift; and no exception applies because neither the lawyer nor the recipient is related to the maker. Subsection (5) directs the court to award taxable costs, including attorney fees, in actions under the section, but not against a party who in good faith initiates an action to declare a gift void.
Where this shows up
Pages on this site where § 732.806 does real work:
Questions people ask
Sources
- Fla. Stat. § 732.806 (2026) (Entire section: subsections (1)-(9).)
Last checked: October 17, 2026
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