736.0801

Duty to administer trust.

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736.0801 Duty to administer trust.—Upon acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with this code.

History.—s. 8, ch. 2006-217.

Notes of Decisions

Cited in 8 cases (3 in the last 5 years), 2013–2025 · leading case: Vigliani v. Bank of America, N.A.

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Vigliani v. Bank of America, N.A. (2016) fladistctapp · cites it 2× “See § 736.0801, Fla. Stat. (2009). Thus, on remand, it may be appropriate for the Trustee to make a new decision about the division of the trust before the trial court is called upon to take any action.”

West v. Chrisman (2014) flmd · cites it 2× “” Fla. Stat. §§ 736.0801 and 736.0802 (emphases added).”

Jerry Schwab v. Huntington National Bank (2013) ca6 “” Fla. Stat. § 736.0801 ; see also Fla. Stat.”

Weinman v. Warren (2023) flmd · cites it 3× “” Fla. Stat. § 736.0801 . According to Plaintiff’s declaration, and as supported by the record, Defendant breached that duty by: (a) failing to make the mandatory distribution to the Debtor of the 1/3 interest in the Mohawk Property within a reasonable time after Gene Wander’s…”

Prewitt v. Kimmons (2018) fladistctapp · cites it 2× “See § 736.0801, Fla. Stat. (2013) (“[T]he trustee shall administer the trust in good faith, in accordance with its terms .”

Maue-Kessler v. Maue (2019) wawb · cites it 2× “25, 2016) (quoting Fla. Stat. § 736.0801 ). "A breach of trust is '[a] trustee's 15 violation of either the trust's terms or the trustee's general fiduciary obligations.”

IMO of The Doris J. Foster Inter Vivos Declaration of Trust (2022) delch “Their actions do not reflect the “diligence and care which a prudent man ordinarily uses in his own concerns”64 and represent a breach of their duties as fiduciaries.”

United States v. Lipson, in his capacity as Personal Representative of the Estate of Jean Lipson (2025) nvd “Fla. Stat. § 736.0801 . Leon, as the sole Trustee, is therefore obligated to transfer 17 sufficient assets to the estate to satisfy its tax liabilities.”

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