Florida: No Undue Influence Challenge of Inter Vivos Trust Revocation After Settlor’s Death

The beneficiary of an inter vivos trust brought suit following the settlor’s death alleging that transfers of property from the trust were the product of undue influence.

Florida’s Third District Court of Appeals affirmed dismissal of the complaint on the authority of Florida Nat’l Band of Palm Beach Co. v. Genova, 460 So. 2d 895 (Fla. 1984), which held that revocation by a settlor cannot be challenged on the basis of undue influence while the settlor is alive.

The court held that the same result is required when the challenge is made after the settlor’s death.

MacIntyre v. Wedell, 12 So. 3d 273 (Fla. Dist. Ct. App. 2009).