Florida Statutes

Fla. Stat. § 736.0105 (2025)

Default and mandatory rules.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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736.0105 Default and mandatory rules.—

(1) Except as otherwise provided in the terms of the trust, this code governs the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary.

(2) The terms of a trust prevail over any provision of this code except:

(a) The requirements for creating a trust.

(b) Subject to s. 736.1409, relating to the duties and liabilities of a directed trustee; s. 736.1411, relating to limitations on duties of a trustee or trust director to monitor, inform, or advise on matters involving the other; and s. 736.1412, relating to the allocation of powers among cotrustees, requirements for excluded cotrustees to act as a directed trustee, and liability and related obligations of directing cotrustees, the duty of the trustee to act in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries.

(d) The periods of limitation for commencing a judicial proceeding.

(e) The power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice.

(f) The requirements under s. 736.0108(1) for the designation of a principal place of administration of the trust and the requirements under s. 736.0107 for the designation of a jurisdiction the law of which determines the meaning and effect of the terms of a trust.

(g) The jurisdiction and venue provisions in ss. 736.0202, 736.0203, and 736.0204.

(h) The restrictions on the designation of representative under s. 736.0306.

(i) The formalities required under s. 736.0403(2) for the execution of a trust.

(j) The power of the court to modify or terminate a trust under ss. 736.0410-736.04115, except as provided in s. 736.04115(3)(b), and under ss. 736.0413, 736.0415, and 736.0416.

(k) The ability to modify a trust under s. 736.0412, except as provided in s. 736.0412(4)(b).

(l) The effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in part V.

(m) The trustee’s duty under s. 736.05053 to pay expenses and obligations of the settlor’s estate.

(n) The trustee’s duty under s. 736.05055 to file a notice of trust at the settlor’s death.

(o) The right of a trustee under s. 736.0701 to decline a trusteeship and the right of a trustee under s. 736.0705 to resign a trusteeship.

(p) The power of the court under s. 736.0702 to require, dispense with, modify, or terminate a bond.

(q) The power of the court under s. 736.0708(2) to adjust a trustee’s compensation specified in the terms of the trust that is unreasonably low or high.

(r) The duty under s. 736.0813(1)(a) and (b) to notify qualified beneficiaries of an irrevocable trust of the existence of the trust, of the identity of the trustee, and of their rights to trust accountings.

(s) The duty under s. 736.0813(1)(c) and (d) to provide a complete copy of the trust instrument and to account to qualified beneficiaries except as otherwise provided in s. 736.0813(1)(d).

(t) The duty under s. 736.0813(1)(e) to respond to the request of a qualified beneficiary of an irrevocable trust for relevant information about the assets and liabilities of the trust and the particulars relating to trust administration.

(u) The effect of an exculpatory term under s. 736.1011.

(v) The rights under ss. 736.1013-736.1017 of a person other than a trustee or beneficiary.

(w) The effect of a penalty clause for contesting a trust under s. 736.1108.

History.—s. 1, ch. 2006-217; s. 2, ch. 2009-117; s. 2, ch. 2018-35; s. 4, ch. 2021-183; s. 2, ch. 2022-96.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 2011–2023 · leading case: Paula Minassian v, Rebecca Rachins & Rick Minassian, 152 So. 3d 719 (Fla. 4th DCA 2014).

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Paula Minassian v, Rebecca Rachins & Rick Minassian, 152 So. 3d 719 (Fla. 4th DCA 2014). · cites it 3× “The children argue the terms of the trust cannot prevail over these provisions, so as to add a method of modification via trust protector, because section 736.0105 provides, “The terms of a trust prevail over any provision of this code except .”

Corya v. Sanders, 76 So. 3d 31 (Fla. 4th DCA 2011). · cites it 2× “0813(l)(d), Florida Statutes, now overrides a trust provision to the contrary, see section 736.0105(2)(s), Florida Statutes, that provision of the statute was enacted in 2006.”

Doris Rich Corya, etc. v. Roy Sanders, 155 So. 3d 1279 (Fla. 4th DCA 2015). · cites it 4× “Since the trust had an express provision which did not require an accounting to Sanders, the trustee was not compelled to furnish an accounting until the enactment of section 736.0105(2)(s), Florida Statutes, in 2007.”

Kathleen G. Kozinski, etc. v. Amy Stabenow & Nora Faul, 152 So. 3d 650 (Fla. 4th DCA 2014). “See §§ 736.0105(1), (2)(b); 736.0801; 736.0802(1), (7)(b), (8), Fla.”

Jennifer Roller, Andrea Soule, & Kathleen Doud, as Beneficiaries of the James G. Collins Trust u/a/d August 30, 1990 Vs Judith R. Collins & Cypress Trust Co., as Successor Tr. of the James G. Collins Trust u/a/d August 30, 1990 (Fla. 5th DCA 2023). · cites it 2× “§ 736.0105, Fla. Stat. (2021). Under section 736.”

Sec. Exch. v. Mut. Benefits Corp (S.D. Fla. 2020). · cites it 2× “Fla. Stat. § 736.0105 (2). Courts have statutory authority to modify an irrevocable trust6 when such modification is not inconsistent with the settlor’s purpose.”

Doris Rich Corya, etc. & Paul J. Rich Sanders, etc. v. Roy Sanders (Fla. 4th DCA 2014). · cites it 2× “Since the trust had an express provision which did not require an accounting to Sanders, the trustee was not compelled to furnish an accounting until the enactment of section 736.0105(2)(s), Florida Statutes, in 2007.”

Sec. Exch. v. Mut. Benefits Corp (S.D. Fla. 2020). “§ 736.0105(2), Fla. Stat. (recognizing that the terms of the trust instrument control).”

— 736.0105(1) — 1 case

Kathleen G. Kozinski, etc. v. Amy Stabenow & Nora Faul, 152 So. 3d 650 (Fla. 4th DCA 2014). “See §§ 736.0105(1), (2)(b); 736.0801; 736.0802(1), (7)(b), (8), Fla.”

— 736.0105(2) — 1 case

Sec. Exch. v. Mut. Benefits Corp (S.D. Fla. 2020). “§ 736.0105(2), Fla. Stat. (recognizing that the terms of the trust instrument control).”

— 736.0105(2)(k) — 1 case

Paula Minassian v, Rebecca Rachins & Rick Minassian, 152 So. 3d 719 (Fla. 4th DCA 2014). “The children argue the terms of the trust cannot prevail over these provisions, so as to add a method of modification via trust protector, because section 736.0105 provides, “The terms of a trust prevail over any provision of this code except .”

— 736.0105(2)(s) — 3 cases

Corya v. Sanders, 76 So. 3d 31 (Fla. 4th DCA 2011). “0813(l)(d), Florida Statutes, now overrides a trust provision to the contrary, see section 736.0105(2)(s), Florida Statutes, that provision of the statute was enacted in 2006.”

Doris Rich Corya, etc. v. Roy Sanders, 155 So. 3d 1279 (Fla. 4th DCA 2015). “Since the trust had an express provision which did not require an accounting to Sanders, the trustee was not compelled to furnish an accounting until the enactment of section 736.0105(2)(s), Florida Statutes, in 2007.”

Doris Rich Corya, etc. & Paul J. Rich Sanders, etc. v. Roy Sanders (Fla. 4th DCA 2014). “Since the trust had an express provision which did not require an accounting to Sanders, the trustee was not compelled to furnish an accounting until the enactment of section 736.0105(2)(s), Florida Statutes, in 2007.”

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