Florida Statute 736.04113 | Lawyer Caselaw & Research

The 2024 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

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 Citing Statute 736.04113

Total Results: 7

Horgan v. Cosden

Court: District Court of Appeal of Florida | Date Filed: 2018-05-25

Citation: 249 So. 3d 683

Snippet: citing sections 736.04113 and 736.04115, Florida Statutes (2015). Section 736.04113 entitled "Judicial

JOSEPH J. HORGAN v. CHRISTOPHER E. COSDEN

Court: District Court of Appeal of Florida | Date Filed: 2018-05-25

Snippet: sections 736.04113 and 736.04115, Florida Statutes (2015). Section 736.04113 entitled

Nelson v. Nelson

Court: District Court of Appeal of Florida | Date Filed: 2016-12-16

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

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

Peck v. Peck

Court: District Court of Appeal of Florida | Date Filed: 2014-02-26

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

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

Dennis v. Kline

Court: District Court of Appeal of Florida | Date Filed: 2013-06-19

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

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

Bellamy v. Langfitt

Court: District Court of Appeal of Florida | Date Filed: 2012-04-25

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

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

Reid v. TEMPLE JUDEA

Court: District Court of Appeal of Florida | Date Filed: 2008-06-11

Citation: 994 So. 2d 1146, 2008 WL 2356814

Snippet: § 48, Laws of Fla.) (emphasis added);[4]see § 736.04113, Fla. Stat. (2007) (replacing former section 737