Florida Statute 736.0406
“Effect of fraud, duress, mistake, or undue influence”
What it means
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 those means is valid if it is not invalid for other reasons. A revocation of a trust, or any part of it, that is procured by the same means is also void.
- Grounds: fraud, duress, mistake, or undue influence, the same four grounds § 732.5165 applies to wills (§ 736.0406).
- Scope: the creation, amendment, or restatement of a trust; the trust or any part so procured is void (§ 736.0406).
- Severability: the remainder not procured by those means is valid if not invalid for other reasons (§ 736.0406).
- A revocation of a trust, or any part, procured by those means is void (§ 736.0406).
Text of the statute (2026)
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.
Excerpts are the subsections the summary relies on. Read the full official text of § 736.0406.
History. s. 4, ch. 2006-217; s. 10, ch. 2011-183.
How it applies
Section 736.0406 is the Trust Code counterpart of § 732.5165, which applies the same four grounds to wills. A challenge may be directed at the whole trust or at a single amendment or restatement. Under the severability sentence, the part not procured by those means stays valid unless it is invalid for other reasons. A revocation procured by the same means is void, so the trust is not revoked by that act to the extent of the defect.
Where this shows up
Pages on this site where § 736.0406 does real work:
Related sections
Questions people ask
Sources
- Florida Statutes (2026), s. 736.0406 (Official text and History line.)
- Florida Statutes (2026), s. 732.5165 (Same four grounds applied to wills (key points and How it applies).)
Last checked: October 17, 2026
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