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Florida Statute 736.4115 - Full Text and Legal Analysis
Florida Statute 736.04115 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 736.04115 Case Law from Google Scholar Google Search for Amendments to 736.04115

The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS
Chapter 736
FLORIDA TRUST CODE
View Entire Chapter
F.S. 736.04115
736.04115 Judicial modification of irrevocable trust when modification is in best interests of beneficiaries.
(1) Without regard to the reasons for modification provided in s. 736.04113, if compliance with the terms of a trust is not in the best interests of the beneficiaries, upon the application of a trustee or any qualified beneficiary, a court may at any time modify a trust that is not then revocable as provided in s. 736.04113(2).
(2) In exercising discretion to modify a trust under this section:
(a) The court shall exercise discretion in a manner that conforms to the extent possible with the intent of the settlor, taking into account the current circumstances and best interests of the beneficiaries.
(b) 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.
(c) 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.
(3) This section shall not apply to:
(a) Any trust created prior to January 1, 2001.
(b) Any trust created after December 31, 2000, if:
1. Under the terms of the trust, all beneficial interests in the trust must vest or terminate within the period prescribed by the rule against perpetuities in s. 689.225(2), notwithstanding s. 689.225(2)(f) and (g).
2. The terms of the trust expressly prohibit judicial modification.
(4) For purposes of subsection (3), a revocable trust shall be treated as created when the right of revocation terminates.
(5) 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; s. 6, ch. 2022-96.

F.S. 736.04115 on Google Scholar

F.S. 736.04115 on CourtListener

Amendments to 736.04115


Annotations, Discussions, Cases:

Cases Citing Statute 736.04115

Total Results: 2

Horgan v. Cosden

249 So. 3d 683

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

Cited 1 times | Published

trust have become fulfilled or wasteful." Section 736.04115, entitled "Judicial modification of irrevocable

JOSEPH J. HORGAN v. CHRISTOPHER E. COSDEN

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

Published

fulfilled or wasteful." Section 736.04115, entitled "Judicial modification of irrevocable