Jill Kelly; Jeff Falkenthal; and Judy L. Mors-Kotrba, as successor trustee, v. Donna Lindenau

Summary

Kelly v. Lindenau holds that a trust amendment not signed by two attesting witnesses as required by Florida law is invalid and cannot be reformed under section 736.0415, Florida Statutes, because reformation is limited to correcting mistakes in the terms of the trust, not errors in its execution. The court also declined to impose a constructive trust to enforce the settlor’s clear intent, reasoning that doing so would validate an otherwise invalidly executed amendment. The decision underscores that strict compliance with statutory execution formalities is required for the testamentary aspects of a revocable trust.

Holdings

1. Section 736.0415 permits reformation to correct a mistake affecting the terms of the trust, not an error in the execution of the trust document. When a trust amendment is not validly executed under the statutorily required formalities, reformation is unavailable to cure that execution defect.
2. A constructive trust is not appropriate where the testamentary instrument was not validly executed. Imposing a constructive trust on the property would only serve to validate an invalid amendment.

Questions Presented

1. Whether an improperly executed trust amendment—signed by only one witness—can be validated through reformation under section 736.0415, Florida Statutes.
2. Whether a constructive trust should be imposed on the Bradenton residence as an alternative remedy.

Disposition

reversed_and_remanded