{"id":5842,"date":"2026-10-28T02:55:18","date_gmt":"2026-10-28T02:55:18","guid":{"rendered":"https:\/\/trustcounsel.com\/resources\/trust-litigation-attorney\/disinherited-child-contest-trust-florida\/"},"modified":"2026-10-28T02:55:26","modified_gmt":"2026-10-28T02:55:26","slug":"disinherited-child-contest-trust-florida","status":"publish","type":"page","link":"https:\/\/trustcounsel.com\/resources\/trust-litigation-attorney\/disinherited-child-contest-trust-florida\/","title":{"rendered":"Disinherited Child Contest Trust Florida: Key Facts"},"content":{"rendered":"\n
<\/span>\"A
\n

Trust Litigation | Coral Gables, Florida<\/p>

Disinherited in a Florida Trust? Understand Your Options Before You Decide<\/h1>

Key facts about contesting a trust when a child has been left out, and how Trust Counsel, PL handles trust disputes for beneficiaries and heirs.<\/p>

Book a free strategy call<\/a><\/div>
Book a free strategy call<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Leslie V. Marenco \u00b7 Published October 27, 2026<\/p>\n\n

\n\n\n

A disinherited child can challenge a parent’s Florida trust only on specific legal grounds, and only within short deadlines. The usual grounds are lack of capacity, undue influence, fraud, duress, mistake, and improper signing.<\/p>\n

Leslie V. Marenco is the responsible attorney for this page. Trust Counsel’s only office is in Coral Gables, Florida. We serve clients in Fort Lauderdale, Boca Raton and West Palm Beach as well.<\/p>\n

What Disinheritance Means in Florida and What a Trust Contest Is<\/h2>\n

A trust contest asks a court to find all or part of a trust invalid. A will contest asks the same question about a will, and many of the same grounds apply to both.<\/p>\n

Many parents use a revocable trust, which they can change while they are alive. That is why a trust can differ from an older will.<\/p>\n

A challenge does not make your own claim automatically valid. In a trust contest, the person challenging the trust carries the burden of proving the grounds for invalidity (Fla. Stat. \u00a7 736.0207<\/a>).<\/p>\n\n

\n

If a parent's trust left you out and you received a notice you didn't expect, our team can talk through your options with you. Talk it through with Trust Counsel, PL — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n\n
\"A<\/figure>\n

Who Can Challenge and the Filing Deadlines<\/h2>\n

A child can challenge a revocable trust only after it becomes irrevocable.<\/p>\n

Standing depends on the facts. Florida’s intestacy rules send an estate to the decedent’s descendants first when there is no surviving spouse (Fla. Stat. \u00a7 732.103<\/a>).<\/p>\n

The deadline is the biggest trap. Under Fla. Stat. 736.0604<\/a>, the action is barred after the earlier of two periods: the time set by chapter 95, or six months after the trustee sends a copy of the trust and a notice. That notice must state the trust’s existence, the trustee’s name and address, and the time allowed to file (Fla. Stat. \u00a7 736.0604<\/a>).<\/p>\n

Trustees also have their own notice duty. After a formerly revocable trust becomes irrevocable, the trustee must notify qualified beneficiaries within 60 days (Fla. Stat. \u00a7 736.0813<\/a>). If you have received any notice, act quickly. A missed deadline can end the challenge, even if the facts are strong.<\/p>\n

The Grounds You Must Prove<\/h2>\n

Your first question is which legal ground fits your facts. Florida law recognizes incapacity, undue influence, fraud, duress, mistake, and improper signing. Each one needs its own proof.<\/p>\n