Florida Statute 736.1001 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

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F.S. 736.1001

736.1001 Remedies for breach of trust.—

(1) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.

(2) To remedy a breach of trust that has occurred or may occur, the court may:

(a) Compel the trustee to perform the trustee’s duties;

(b) Enjoin the trustee from committing a breach of trust;

(d) Order a trustee to account;

(e) Appoint a special fiduciary to take possession of the trust property and administer the trust;

(f) Suspend the trustee;

(g) Remove the trustee as provided in s. 736.0706;

(h) Reduce or deny compensation to the trustee;

(i) Subject to s. 736.1016, void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds; or

(j) Order any other appropriate relief.

(3) As an illustration of the remedies available to the court and without limiting the court’s discretion as provided in subsection (2), if a breach of trust results in the favoring of any beneficiary to the detriment of any other beneficiary or consists of an abuse of the trustee’s discretion:

(a) To the extent the breach of trust has resulted in no distribution to a beneficiary or a distribution that is too small, the court may require the trustee to pay from the trust to the beneficiary an amount the court determines will restore the beneficiary, in whole or in part, to his or her appropriate position.

(b) To the extent the breach of trust has resulted in a distribution to a beneficiary that is too large, the court may restore the beneficiaries, the trust, or both, in whole or in part, to their appropriate positions by requiring the trustee to withhold an amount from one or more future distributions to the beneficiary who received the distribution that was too large or by requiring that beneficiary to return some or all of the distribution to the trust.

History.—s. 10, ch. 2006-217; s. 147, ch. 2007-5; s. 19, ch. 2007-153.

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Amendments to 736.1001

Annotations, Discussions, Cases:

Cases Citing Statute 736.1001

Total Results: 9

McCormick v. Cox

118 So. 3d 980, 2013 Fla. App. LEXIS 12724, 2013 WL 4081414

District Court of Appeal of Florida | Filed: Aug 14, 2013 | Docket: 60233516

Cited 5 times | Published

appropriate trustee’s fee, including no fee at all. § 736.1001(2)(h), Fla. Stat. (2013) (authorizing the court

F. Ronald Mastriana, as Trustee of the James and Beatrice Salah Charitable Trust, Etc. v. Brown Brothers Harriman Trust Company

District Court of Appeal of Florida | Filed: May 14, 2025 | Docket: 70260691

Published

duty owed to a beneficiary is a breach of trust. § 736.1001(1), Fla. Stat. (2016). To remedy such a breach

David Miller, as Co-Trustee, etc. v. Leah Marissa Moore

District Court of Appeal of Florida | Filed: Jul 31, 2024 | Docket: 68999080

Published

himself from a sale of trust property); accord § 736.1001(2), Fla. Stat. (2021). But even if Miller’s conduct

SUZANNE TROMBINO, individually and as Trustee, etc. v. DALE ECHEVERRIA

District Court of Appeal of Florida | Filed: Sep 21, 2022 | Docket: 65363950

Published

section 69.031(1), Florida Statutes (2021), or section 736.1001(2)(c), Florida Statutes (2021). The court

Wallace v. Comprehensive Pers. Care Servs., Inc.

275 So. 3d 782

District Court of Appeal of Florida | Filed: Jun 26, 2019 | Docket: 64719871

Published

consideration of "other potential remedies under Section 736.1001, Florida Statutes, such as, for example, ordering

Wallace v. Comprehensive Pers. Care Servs., Inc.

275 So. 3d 782

District Court of Appeal of Florida | Filed: Jun 26, 2019 | Docket: 64719872

Published

consideration of "other potential remedies under Section 736.1001, Florida Statutes, such as, for example, ordering

Doris Rich Corya, etc. v. Roy Sanders

155 So. 3d 1279, 2015 Fla. App. LEXIS 1846

District Court of Appeal of Florida | Filed: Feb 11, 2015 | Docket: 2633414

Published

accounting is a breach of trust by a trustee. § 736.1001(1), Fla. Stat. (2008). The failure is also referred

Doris Rich Corya, etc. and Paul J. Rich Sanders, etc. v. Roy Sanders

District Court of Appeal of Florida | Filed: Nov 5, 2014 | Docket: 2592852

Published

accounting is a breach of trust by a trustee. § 736.1001(1), Fla. Stat. (2008). The failure is also referred

Kritchman v. Wolk

152 So. 3d 628, 2014 Fla. App. LEXIS 15266, 2014 WL 4852057

District Court of Appeal of Florida | Filed: Oct 1, 2014 | Docket: 1400843

Published

liability of the co-trustees for a breach of trust. § 736.1001(1), Fla. Stat. (2010); Covenant Trust Co