Florida Statutes
Fla. Stat. § 736.0416 (2025)
Modification to achieve settlor’s tax objectives.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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736.0416 Modification to achieve settlor’s tax objectives.—Upon application of any interested person, to achieve the settlor’s tax objectives the court may modify the terms of a trust in a manner that is not contrary to the settlor’s probable intent. The court may provide that the modification has retroactive effect.
Notes of Decisions
Cited in 1
case, 2017–2017 · leading case: Kelly v. Lindenau, 223 So. 3d 1074 (Fla. 2d DCA 2017).
Kelly v. Lindenau, 223 So. 3d 1074 (Fla. 2d DCA 2017). “Accordingly, we hold that the trial court erred by denying the petition for declaratory judgment, by applying section 736.0416 to reform the second amendment, and by requiring the transfer of the Bradenton house to Linde-nau.”
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