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Chapter 736 — The Florida Trust Code

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.

— What it says
  • 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)

§ 736.0406
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.

— In a Florida probate

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.

Questions people ask

Can a trust be challenged for undue influence in Florida?
Yes. Under § 736.0406, 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 is valid if it is not invalid for other reasons.

Sources

Last checked: October 17, 2026

The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 736.0406

Published by the Probate.Help editorial team.How these pages are written and checked.

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