When Can a Revocable Trust Be Contested in Florida?

Section 736.0207(2) sets the starting point. An action to contest all or part of a revocable trust, or the revocation of part of one, may not be commenced until the trust becomes irrevocable by its terms or by the settlor's death. If an entire revocable trust was revoked, a contest of that revocation must wait until after the settlor's death. The statute does not prohibit an action by the guardian of the property of an incapacitated settlor.

Section 736.0604 sets the deadline. The contest is barred if not commenced within the earlier of the time provided in chapter 95 or 6 months after the trustee sent the person a copy of the trust instrument and a notice. The notice must state the trust's existence, the trustee's name and address, and the time allowed to begin a proceeding.

Because of the 6 month rule, the date a trustee sends that notice can control the deadline. A person who receives a trust and notice from a trustee has a limited window to act.

Section 736.0207(1) places the burden of proof on the person contesting the trust. The trustee's duty to inform beneficiaries is covered in the duties a Florida trustee owes beneficiaries.