Florida Statute 736.1001 | Lawyer Caselaw & Research

The 2024 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

Arrestable Offenses / Crimes under Fla. Stat. 736.1001

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 736.1001.

Annotations, Discussions, Cases:

Cases Citing Statute 736.1001

Total Results: 10

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

Court: District Court of Appeal of Florida | Date Filed: 2024-07-31

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2022-09-21

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

WILLIAM L. RAMOS, JR. v. MICHAEL HALPERN, etc.

Court: District Court of Appeal of Florida | Date Filed: 2021-12-01

Snippet: attorneys’ fees under Fla. Stat. §§ 733.106 and 736.1001 et seq. in the event that the beneficiary

BRIAN GILLER v. ANITA GROSSMAN, etc.

Court: District Court of Appeal of Florida | Date Filed: 2021-09-01

Snippet: 207, 210 (Fla. 3d DCA 2020) (citing §§ 736.0706, 736.1001, and 736.0201, Fla. Stats.; McCormick v. Cox

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

Court: District Court of Appeal of Florida | Date Filed: 2019-06-26

Citation: 275 So. 3d 782

Snippet: Milton Wallace as trustee (sections 736.0706 and 736.1001 of the Florida Trust Code) based on claims of

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

Court: District Court of Appeal of Florida | Date Filed: 2019-06-26

Citation: 275 So. 3d 782

Snippet: Milton Wallace as trustee (sections 736.0706 and 736.1001 of the Florida Trust Code) based on claims of

Doris Rich Corya, etc. v. Roy Sanders

Court: District Court of Appeal of Florida | Date Filed: 2015-02-11

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

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2014-11-05

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

Kritchman v. Wolk

Court: District Court of Appeal of Florida | Date Filed: 2014-10-01

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

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

McCormick v. Cox

Court: District Court of Appeal of Florida | Date Filed: 2013-08-14

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

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