Florida Statute 736.04113 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

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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

(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;

(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.

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Amendments to 736.04113

Annotations, Discussions, Cases:

Cases Citing Statute 736.04113

Total Results: 7

Nelson v. Nelson

206 So. 3d 818, 2016 Fla. App. LEXIS 18470

District Court of Appeal of Florida | Filed: Dec 16, 2016 | Docket: 4556059

Cited 5 times | Published

are nonmarital assets —” § 61.075(8). Section 736.04113(1) states: “Upon the application of a trustee

Dennis v. Kline

120 So. 3d 11, 2013 Fla. App. LEXIS 9614, 2013 WL 3014115

District Court of Appeal of Florida | Filed: Jun 19, 2013 | Docket: 60233880

Cited 5 times | Published

373 So.2d 719, 720 (Fla. 2d DCA 1979)). Section 736.04113, Florida Statutes (2011), provides the legal

Horgan v. Cosden

249 So. 3d 683

District Court of Appeal of Florida | Filed: May 25, 2018 | Docket: 64683347

Cited 1 times | Published

04113 and 736.04115, Florida Statutes (2015). Section 736.04113 entitled "Judicial modification of irrevocable

Reid v. TEMPLE JUDEA

994 So. 2d 1146, 2008 WL 2356814

District Court of Appeal of Florida | Filed: Jun 11, 2008 | Docket: 1666920

Cited 1 times | Published

§ 48, Laws of Fla.) (emphasis added);[4]see § 736.04113, Fla. Stat. (2007) (replacing former section

JOSEPH J. HORGAN v. CHRISTOPHER E. COSDEN

District Court of Appeal of Florida | Filed: May 25, 2018 | Docket: 6913102

Published

Florida Statutes (2015). Section 736.04113 entitled "Judicial modification of irrevocable

Peck v. Peck

133 So. 3d 587, 2014 WL 768827, 2014 Fla. App. LEXIS 2571

District Court of Appeal of Florida | Filed: Feb 26, 2014 | Docket: 60238827

Published

CLP Trust. The trial court observed that section 736.04113 does not limit the trial court’s common-law

Bellamy v. Langfitt

86 So. 3d 1170, 2012 WL 1436129, 2012 Fla. App. LEXIS 6379

District Court of Appeal of Florida | Filed: Apr 25, 2012 | Docket: 60307570

Published

(2002),4 which is currently *1174found in section 736.04113 of the Florida Statutes,5 allowed for the