736.0414
Modification or termination of uneconomic trust.
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736.0414 Modification or termination of uneconomic trust.—
(1) After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property having a total value less than $50,000 may terminate the trust if the trustee concludes that the value of the trust property is insufficient to justify the cost of administration.
(2) Upon application of a trustee or any qualified beneficiary, the court may modify or terminate a trust or remove the trustee and appoint a different trustee if the court determines that the value of the trust property is insufficient to justify the cost of administration.
(3) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust. The trustee may enter into agreements or make such other provisions that the trustee deems necessary or appropriate to protect the interests of the beneficiaries and the trustee and to carry out the intent and purposes of the trust.
(4) The existence of a spendthrift provision in the trust does not make this section inapplicable unless the trust instrument expressly provides that the trustee may not terminate the trust pursuant to this section.
(5) This section does not apply to an easement for conservation or preservation.
History.—s. 4, ch. 2006-217.
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2025–2025 · leading case: Tassinari v. John Hancock Life Insurance Company
Tassinari v. John Hancock Life Insurance Company (2025)
“The Court denied the motion, finding insufficient evidence of dissolution and transfer of the trust property and questioning whether Tassinari could even dissolve the trust under Florida Statute § 736.0414(1). (Doc. 25 at 2). Without substitution, Tassinari remains the named…”
— 736.0414(1) — 1 case
Tassinari v. John Hancock Life Insurance Company (2025)
“The Court denied the motion, finding insufficient evidence of dissolution and transfer of the trust property and questioning whether Tassinari could even dissolve the trust under Florida Statute § 736.0414(1). (Doc. 25 at 2). Without substitution, Tassinari remains the named…”
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