Florida Statutes

Fla. Stat. § 736.0106 (2025)

Common law of trusts; principles of equity.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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736.0106 Common law of trusts; principles of equity.—The common law of trusts and principles of equity supplement this code, except to the extent modified by this code or another law of this state, including, but not limited to, s. 736.0110(3).

History.—s. 1, ch. 2006-217; s. 2, ch. 2025-18.

Notes of Decisions

Cited in 9 cases (3 in the last 5 years), 2014–2025 · leading case: Raymond Loubier Irrevocable Trust v. Noella Loubier, 858 F.3d 719 (2d Cir. 2017).

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Raymond Loubier Irrevocable Trust v. Noella Loubier, 858 F.3d 719 (2d Cir. 2017). “” Restatement (Second) of Trusts § 2 (1957); see Fla. Stat. § 736.0106 (providing for “common law of trusts” to “supplement this code’’).”

Paula Minassian v, Rebecca Rachins & Rick Minassian, 152 So. 3d 719 (Fla. 4th DCA 2014). · cites it 2× “” § 736.0106, Fla. Stat. (2008) (emphasis added); see also Abraham Mora, et al.”

Doris Rich Corya, etc. v. Roy Sanders, 155 So. 3d 1279 (Fla. 4th DCA 2015). · cites it 4× “Sanders’s lack of knowledge of the law had nothing to do with his knowledge that the accountings were not being given to him each year.”

Megiel-Rollo v. Megiel, 162 So. 3d 1088 (Fla. 2d DCA 2015). “”) Sharon argues that “the concept of a ‘mistake’ which would warrant reformation [of a trust] is intended to address simple scrivener’s errors that are contrary to the intent of the [settlor].”

Kathleen Jennings, the Attorney Gen. of the State of Delaware v. Hugh M. Durden, John S. Lord, Thomas G. Kuntz, Terri Kelly, Geoffrey M. Rogers, & Winfred L. Thornton, etc. (Fla. 1st DCA 2024). · cites it 6× “” § 736.0106, Fla. Stat. The Trustees’ separation of powers argument likewise fails given the application of the common law special 10 interest doctrine which supplements the statutory list of those who may sue a charitable trust.”

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× “See § 736.0106, Fla. Stat. (2021). Notably, the common law provides that the real party in interest in litigation involving a trust is the trustee.”

Doris Rich Corya, etc. & Paul J. Rich Sanders, etc. v. Roy Sanders (Fla. 4th DCA 2014). · cites it 2× “1001, Florida Statutes, effective since 2006, provides for a number of remedies other than damages for a breach of trust. We do not contend that section 95.11(6) applies to such remedies.”

Roger v. Cooper Technica, Inc. (N.D. Ill. 2020). “”); Fla. Stat. §§ 736.0106 (“The common law of trusts and principles of equity supplement this code, except to the extent modified by this code or another law of this state.”

Porter v. Arsenault (D. Mass. 2025). “2017) (citing Restatement (Second) of Trusts § 2 (1957); Fla. Stat. § 736.0106 ); see also id. at 729 (undisputed that trusts “which created fiduciary relationships for purposes of estate planning” were traditional common law trusts).”

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