The Law Offices of Adrian Philip Thomas

Trust Revocation

Posted by Adrian P. Thomas on February 20th, 2009   |   No Comments »

Can a joint and contractual trust be revoked by sole surviving settlor?

Florida law recognizes that parties may execute joint and mutual testamentary instruments. One Florida court held that a joint and mutual will may be the product of a contract providing that it cannot be revoked except by the mutual consent of the parties and providing that it be binding on the survivor, and where the terms of the will clearly disclose that it is the product of such a contract, the will itself is sufficient evidence to establish the contract. See, In re Estate of Rowland, 504 So.2d 543 (Fla. 4th DCA 1987). Read the rest of this entry

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