Florida Statute 733.620 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 733
PROBATE CODE: ADMINISTRATION OF ESTATES

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F.S. 733.620

733.620 Exculpation of personal representative.—

(1) A term of a will relieving a personal representative of liability to a beneficiary for breach of fiduciary duty is unenforceable to the extent that the term:

(a) Relieves the personal representative of liability for breach of fiduciary duty committed in bad faith or with reckless indifference to the purposes of the will or the interests of interested persons; or

(b) Was inserted into the will as the result of an abuse by the personal representative of a fiduciary or confidential relationship with the testator.

(2) An exculpatory term drafted or caused to be drafted by the personal representative is invalid as an abuse of a fiduciary or confidential relationship unless:

(a) The personal representative proves that the exculpatory term is fair under the circumstances.

(b) The term’s existence and contents were adequately communicated directly to the testator or to the independent attorney of the testator. This paragraph applies only to wills created on or after July 1, 2007.

History.—s. 15, ch. 2007-74.

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Amendments to 733.620

Arrestable Offenses / Crimes under Fla. Stat. 733.620

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 733.620.

Annotations, Discussions, Cases:

Cases Citing Statute 733.620

Total Results: 1

Bookman v. Davidson

Court: District Court of Appeal of Florida | Date Filed: 2014-05-05

Citation: 136 So. 3d 1276, 2014 WL 1772707, 2014 Fla. App. LEXIS 6472

Snippet: in the Florida Probate Code, sections 733.601-733.620, Florida Statutes. See Petty v. Fla. Ins. Guar