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Florida Statutes Title XLII. Estates and Trusts § 736.1512. Unenforceable trusts

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) A community property trust executed during marriage is not enforceable if the spouse against whom enforcement is sought proves that:

(a) The trust was unconscionable when made;

(b) The spouse against whom enforcement is sought did not execute the community property trust agreement voluntarily;

(c) The community property trust agreement was the product of fraud, duress, coercion, or overreaching; or

(d) Before execution of the community property trust agreement, the spouse against whom enforcement is sought:

1. Was not given a fair and reasonable disclosure of the property and financial obligations of the other spouse.

2. Did not voluntarily sign a written waiver expressly waiving right to disclosure of the property and financial obligations of the other spouse beyond the disclosure provided.

3. Did not have notice of the property or financial obligations of the other spouse.

(2) Whether a community property trust is unconscionable shall be determined by a court as a matter of law.

(3) A community property trust may not be deemed unenforceable solely on the fact that the settlor spouses did not have separate legal representation when executing the community property trust agreement.

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Cite this article: FindLaw.com - Florida Statutes Title XLII. Estates and Trusts § 736.1512. Unenforceable trusts - last updated January 01, 2025 | https://codes.findlaw.com/fl/title-xlii-estates-and-trusts/fl-st-sect-736-1512/

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