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Chapter 736 — The Florida Trust Code

Florida Statute 736.1104

“Person not entitled to receive property or other benefits by reason of victim’s death”

What it means

A trust beneficiary who unlawfully and intentionally kills, or participates in procuring the death of, the settlor or another person on whose death the beneficiary's interest depends is not entitled to any trust interest dependent on that death, including homestead. The interest passes as though the killer had predeceased the victim (§ 736.1104(1)). A final judgment of conviction of murder in any degree is conclusive. Without one, the court may decide by the greater weight of the evidence whether the killing was unlawful and intentional (§ 736.1104(2)).

Subsection (3) reaches a beneficiary convicted in any state or foreign jurisdiction of abuse, neglect, exploitation, or aggravated manslaughter of an elderly person or disabled adult (as defined in s. 825.101), for conduct against the settlor or another person on whose death the interest depends. A final judgment of conviction creates a rebuttable presumption that the section applies. Without a conviction, the court may decide by the greater weight of the evidence whether the person's conduct caused or contributed to the death. The subsection does not apply if the capacitated victim, after a conviction for abuse, neglect, or exploitation, ratifies the interest, proved by clear and convincing evidence, by a valid written instrument sworn to and witnessed by two persons competent as will witnesses that expresses a specific intent to let the convicted person keep the interest (§ 736.1104(3)(a)-(c)).

— What it says
  • Applies to killing, or procuring the death of, the settlor or another person on whose death the interest depends (§ 736.1104(1)).
  • The forfeited interest, including homestead, passes as though the killer had predeceased the victim (§ 736.1104(1)).
  • A final judgment of conviction of murder in any degree is conclusive; otherwise the court decides by the greater weight of the evidence (§ 736.1104(2)).
  • A conviction in any state or foreign jurisdiction for abuse, neglect, exploitation, or aggravated manslaughter of an elderly person or disabled adult triggers the same result (§ 736.1104(3)).
  • A final judgment of conviction creates a rebuttable presumption; without one, the court applies the greater weight of the evidence (§ 736.1104(3)(a)-(b)).
  • Ratification by a capacitated victim, after a conviction for abuse, neglect, or exploitation, requires a valid written instrument sworn to and witnessed by two persons competent as will witnesses, expressing a specific intent to let the convicted person keep the interest (§ 736.1104(3)(c)).

Text of the statute (2026)

§ 736.1104(1)
(1) A beneficiary of a trust who unlawfully and intentionally kills or unlawfully and intentionally participates in procuring the death of the settlor or another person on whose death such beneficiary’s interest depends, is not entitled to any trust interest, including homestead, dependent on the victim’s death, and such interest shall devolve as though the killer had predeceased the victim.
§ 736.1104(2)
(2) A final judgment of conviction of murder in any degree is conclusive for the purposes of this section. In the absence of a murder conviction in any degree, the court may determine by the greater weight of the evidence whether the killing was unlawful and intentional for purposes of this section.
§ 736.1104(3)
(3) A beneficiary of a trust who was convicted in any state or foreign jurisdiction of abuse, neglect, exploitation, or aggravated manslaughter of an elderly person or a disabled adult, as those terms are defined in s. 825.101, for conduct against a settlor or another person on whose death such beneficiary’s interest depends is not entitled to any trust interest, including a homestead dependent on the victim’s death, and such interest shall devolve as though the abuser, neglector, exploiter, or killer had predeceased the victim.
§ 736.1104(3)(a)-(c)
(a) A final judgment of conviction for abuse, neglect, exploitation, or aggravated manslaughter of the decedent or other person creates a rebuttable presumption that this section applies. (b) In the absence of a qualifying conviction, the court may determine by the greater weight of the evidence whether the decedent’s or other person’s death was caused by or contributed to by the abuser’s, neglector’s, exploiter’s, or killer’s conduct as defined in s. 825.102, s. 825.103, or s. 782.07(2) for purposes of this section. (c) This subsection does not apply if it can be proven by clear and convincing evidence that, after the conviction of abuse, neglect, or exploitation, the victim of the offense, if capacitated, ratifies an intent that the person so convicted of abuse, neglect, or exploitation retain a trust interest by executing a valid written instrument, sworn to and witnessed by two persons who would be competent as witnesses to a will, which expresses a specific intent to allow the convicted person to retain a trust interest.

Excerpts are the subsections the summary relies on. Read the full official text of § 736.1104.

History. s. 11, ch. 2006-217; s. 4, ch. 2021-221.

— In a Florida probate

How it applies

Section 736.1104 operates in two settings. Subsections (1) and (2) address killing, with a murder conviction as conclusive proof. Subsection (3) addresses convictions in any state or foreign jurisdiction for abuse, neglect, exploitation, or aggravated manslaughter of an elderly person or disabled adult, with a conviction creating a rebuttable presumption. When the section applies, the beneficiary's interest passes as if the beneficiary had died before the victim, so it goes to whoever would take in that event under the trust instrument and the law.

Where this shows up

Pages on this site where § 736.1104 does real work:

Questions people ask

Can someone who killed the settlor inherit from the trust?
No. Under Florida Statute 736.1104(1), a trust beneficiary who unlawfully and intentionally kills the settlor, or another person on whose death the interest depends, is not entitled to any trust interest dependent on that death. A murder conviction in any degree is conclusive; without one, the court decides by the greater weight of the evidence.
Can a person convicted of elder abuse or exploitation still take from the victim's trust in Florida?
Generally not. Section 736.1104(3) bars a beneficiary convicted of abuse, neglect, exploitation, or aggravated manslaughter of an elderly person or disabled adult from a trust interest dependent on the victim's death. A capacitated victim can ratify the interest after a conviction for abuse, neglect, or exploitation, proved by clear and convincing evidence, by a valid written instrument sworn to and witnessed by two persons who would be competent as will witnesses, expressing a specific intent to allow the convicted person to retain the interest.

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 § 736.1104

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

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