How do you revoke a Florida living revocable trust?

A revocable living trust is a trust where the settlor (the creator of the trust) has control over the assets in the trust during the settlor’s life. The trust is considered revocable because the trust can be changed or revoked at any time by the Settlor during the Settlor’s life.

Florida law does not provide for a specific way to revoke a revocable living trust. The only requirement is that the settlor make the settlor’s intentions of revoking the trust apparent by clear and convincing evidence. See §736.0602 Fla. Stat. To revoke the trust by establishing clear and convincing evidence, follow these steps:

1. Review – Review the trust to see if there is a provision that addresses revoking the trust and follow the instructions.
   
   
2. Draft a letter – Settlor should draft a letter of settlor’s intent to revoke the trust and have it signed and notarized. After the letter is signed and notarized, send it to the trustee.
   
   
3. Revocation document – The settlor should sign and have notarized a trust revocation document indicating settlor’s intention to revoke the trust.
   
   
4. Defund – Do not forget to remove all assets from the trust.