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attorneystatutetrialtrustwilldeclaratory judgment
trialtrustwilldeclaratory judgment

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Kelly v. Lindenau, 223 So.3d 1074, 42 Fla. L. Weekly D1133

Facts

Ralph Falkenthal created a revocable trust in Illinois, which was validly executed. After moving to Florida, he executed two amendments to the trust, both of which were prepared by his Illinois attorney. However, the amendments were only signed by one witness, failing to meet Florida's statutory requirements for execution. After Ralph's death, Judy, as successor trustee, filed for a declaratory judgment regarding the validity of the amendments, leading to Lindenau's counterclaim for reformation.

Ralph created his revocable trust in December 2006 while he still resided in Illinois. The trust was validly executed pursuant to Illinois law. The trust provided that upon his death, the trust assets would be distributed to his wife. In the event that she predeceased him, they would be evenly distributed to his three children, Jill, Jeff, and Judy.

Issue

Whether the improperly executed trust amendment can be validated through reformation under Florida law.

The dispute focuses on whether an improperly executed trust amendment can be validated through reformation pursuant to section 736.0415.

Rule

In Florida, a trust amendment must be executed with the same formalities as a will, which requires signatures from two attesting witnesses. Reformation is only available to correct mistakes affecting both the settlor's intent and the terms of the trust, not errors in execution.

In Florida, the testamentary aspects of a revocable trust are invalid unless the trust document is executed by the settlor of the trust with the same formalities as are required for the execution of a will.

Analysis

The court determined that the second amendment was invalid due to the lack of a second witness's signature, which is a strict requirement under Florida law. The trial court's application of the reformation statute was incorrect because the statute addresses mistakes in the terms of the trust, not execution errors. Since the terms of the second amendment were clear, there was no basis for reformation.

Thus, where a testator, or a settlor in the case of a trust, fails to strictly comply with the statutory requirements for valid execution of the relevant document, the document remains invalid and unenforceable.

Conclusion

The appellate court reversed the trial court's decision, concluding that the amendments to the trust were not validly executed and that reformation was not an appropriate remedy.

Accordingly, we hold that the trial court erred by denying the petition for declaratory judgment, by applying section 736.0415 to reform the second amendment, and by requiring the transfer of the Bradenton house to Lindenau.

Who won?

Judy, the successor trustee, prevailed in the case because the appellate court found that the trust amendment was invalid due to improper execution, and thus reformation could not be applied.

The appellate court reversed the trial court's decision, concluding that the amendments to the trust were not validly executed and that reformation was not an appropriate remedy.

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