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Florida Statute 736.04113 | Lawyer Caselaw & Research
F.S. 736.04113 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 736.04113

The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS
Chapter 736
FLORIDA TRUST CODE
View Entire Chapter
F.S. 736.04113
736.04113 Judicial modification of irrevocable trust when modification is not inconsistent with settlor’s purpose.
(1) Upon the application of a trustee of the trust or any qualified beneficiary, a court at any time may modify the terms of a trust that is not then revocable in the manner provided in subsection (2), if:
(a) The purposes of the trust have been fulfilled or have become illegal, impossible, wasteful, or impracticable to fulfill;
(b) Because of circumstances not anticipated by the settlor, compliance with the terms of the trust would defeat or substantially impair the accomplishment of a material purpose of the trust; or
(c) A material purpose of the trust no longer exists.
(2) In modifying a trust under this section, a court may:
(a) Amend or change the terms of the trust, including terms governing distribution of the trust income or principal or terms governing administration of the trust;
(b) Terminate the trust in whole or in part;
(c) Direct or permit the trustee to do acts that are not authorized or that are prohibited by the terms of the trust; or
(d) Prohibit the trustee from performing acts that are permitted or required by the terms of the trust.
(3) In exercising discretion to modify a trust under this section:
(a) The court shall consider the terms and purposes of the trust, the facts and circumstances surrounding the creation of the trust, and extrinsic evidence relevant to the proposed modification.
(b) The court shall consider spendthrift provisions as a factor in making a decision, but the court is not precluded from modifying a trust because the trust contains spendthrift provisions.
(4) The provisions of this section are in addition to, and not in derogation of, rights under the common law to modify, amend, terminate, or revoke trusts.
History.s. 4, ch. 2006-217.

F.S. 736.04113 on Google Scholar

F.S. 736.04113 on Casetext

Amendments to 736.04113


Arrestable Offenses / Crimes under Fla. Stat. 736.04113
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 736.04113.



Annotations, Discussions, Cases:

Cases from cite.case.law:

J. HORGAN, S. v. E. COSDEN, S., 249 So. 3d 683 (Fla. App. Ct. 2018)

. . . granted summary judgment in favor of Cosden and directed termination of the Trust, citing sections 736.04113 . . . Section 736.04113 entitled "Judicial modification of irrevocable trust when modification is not inconsistent . . . The trial court stated that section 736.04113 allowed for termination of a trust "if the purposes of . . . provides in pertinent part as follows: (1) Without regard to the reasons for modification provided in s. 736.04113 . . . Based on the undisputed circumstances, as a matter of law, neither section 736.04113 nor section 736.04115 . . .

NELSON, n k a v. L. NELSON,, 206 So.3d 818 (Fla. Dist. Ct. App. 2016)

. . . Section 736.04113(1) states: “Upon the application of a trustee of the trust or any qualified beneficiary . . . The unambiguous language of section 736.04113(1) compels us to decline the Former Husband’s invitation . . . to construe section 736.04113 in that manner. . . . See § 736.04113; cf. . . . Although section 736.04113 does not abrogate the trial court’s common law authority to modify or terminate . . .

D. PECK, P. a k a L. v. L. PECK,, 133 So. 3d 587 (Fla. Dist. Ct. App. 2014)

. . . The trial court observed that section 736.04113 does not limit the trial court’s common-law authority . . . See § 736.04113(4) (“The provisions of this section are in addition to, and not in derogation of, rights . . . Here, Daniel argues that the trial court erred in terminating the CLP Trust before the section 736.04113 . . . Pursuant to subsection (4), section 736.04113 does not abrogate the common law. . . . Section 736.04113 provides, in pertinent part, as follows: (1) Upon the application of a trustee of the . . .

DENNIS, Co- v. D. KLINE N. A. Co-, 120 So. 3d 11 (Fla. Dist. Ct. App. 2013)

. . . Section 736.04113, Florida Statutes (2011), provides the legal framework for Harriet’s action. . . . Section 736.04113(1)(b) authorizes a court to modify the terms of an irrevocable trust where “[b]ecause . . . governing distribution of the trust income or principal or terms governing administration of the trust.” § 736.04113 . . . As for the evidence that a court should consider in an action under section 736.04113, subsection (3) . . . of a material purpose of the trust” is an issue inappropriate for resolution on summary judgment. § 736.04113 . . .

BELLAMY, Co- R. v. LANGFITT, N. A., 86 So. 3d 1170 (Fla. Dist. Ct. App. 2012)

. . . Section 737.4031, Florida Statutes (2002), which is currently found in section 736.04113 of the Florida . . . Section 736.04113 provides: Judicial modification of irrevocable trust when modification is not inconsistent . . .

REID, v. TEMPLE JUDEA, 994 So. 2d 1146 (Fla. Dist. Ct. App. 2008)

. . . (emphasis added); see § 736.04113, Fla. Stat. (2007) (replacing former section 737.4031). . . . Section 736.04113(1), Florida Statutes (2007), in pertinent part, provides: (1) Upon the application . . .