Florida Statutes
Fla. Stat. § 736.1001 (2025)
Remedies for breach of trust.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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;
(c) Compel the trustee to redress a breach of trust by paying money or restoring property or by other means;
(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.
Notes of Decisions
Cited in 14
cases (6 in the last 5 years), 2013–2025 · leading case: McCormick v. Cox, 118 So. 3d 980 (Fla. 3d DCA 2013).
McCormick v. Cox, 118 So. 3d 980 (Fla. 3d DCA 2013). “McCormick simply retained the funds and waited for the beneficiaries to come after him in their lawsuit. The trial court had the power to review the evidence regarding the trustee’s administration of the trusts and to determine an appropriate trustee’s fee, including no fee at…”
Doris Rich Corya, etc. v. Roy Sanders, 155 So. 3d 1279 (Fla. 4th DCA 2015). “7 We recognize that section 736.1001, Florida Statutes, effective since 2006, provides for a number of remedies other than damages for a breach of trust.”
Jerry Schwab v. Huntington Nat'l Bank, 516 F. App'x 545 (6th Cir. 2013). “61 at 9, 10, 11, 12 (requesting relief under Fla. Stat. § 736.1001 , § 736.1002, and § 736.”
Kritchman v. Wolk, 152 So. 3d 628 (Fla. 3d DCA 2014). “§ 736.1001(1), Fla. Stat. (2010); Covenant Trust Co.”
Maue-Kessler v. Maue (Bankr. W.D. Wash. 2019). “2004)); see also Fla. Stat. § 736.1001 (1). "The elements of a claim for breach of trust or fiduciary 18 duty under Florida law are: (1) the existence of a fiduciary duty; (2) the breach of that duty; and (3) damage 19 proximately caused by that breach.”
SUZANNE TROMBINO, individually & as Tr., etc. v. DALE ECHEVERRIA (Fla. 4th DCA 2022). “031(1), Florida Statutes (2021), or section 736.1001(2)(c), Florida Statutes (2021).”
Suzanne Revah v. Cecile Revah, Etc. (Fla. 4th DCA 2025). “8 receipts and disbursements; (c) identification and valuation of trust assets on hand at the close of the period, including acquisition and estimated current values; (d) disclosure of significant non-financial transactions; (e) allocation details of income and principal…”
F. Ronald Mastriana, as Tr. of the James & Beatrice Salah Charitable Trust, Etc. v. Brown Bros. Harriman Trust Co. (Fla. 4th DCA 2025). “§ 736.1001(1), Fla. Stat. (2016). To remedy such a breach of trust, a “court” has a panoply of remedies available, including compelling a trustee to pay money, reducing or denying compensation to a trustee, or “any other appropriate relief.”
Doris Rich Corya, etc. & Paul J. Rich Sanders, etc. v. Roy Sanders (Fla. 4th DCA 2014). “6 We recognize that section 736.1001, Florida Statutes, effective since 2006, provides for a number of remedies other than damages for a breach of trust.”
Wallace v. Comprehensive Pers. Care Servs., Inc., 275 So. 3d 782 (Fla. 3d DCA 2019). “That order by the predecessor probate judge was not appealed; the order expressly left the door open for consideration of "other potential remedies under Section 736.1001, Florida Statutes, such as, for example, ordering a trustee to account, if such relief is developed by…”
Wallace v. Comprehensive Pers. Care Servs., Inc., 275 So. 3d 782 (Fla. 3d DCA 2019). “That order by the predecessor probate judge was not appealed; the order expressly left the door open for consideration of "other potential remedies under Section 736.1001, Florida Statutes, such as, for example, ordering a trustee to account, if such relief is developed by…”
Weinman v. Warren (M.D. Fla. 2023). “§ 736.1001 (1). The Court may “Compel the trustee to redress a breach of trust by paying money or restoring property or by other means”; “Order a trustee to account”; and “Subject to s.”
— 736.1001(1) — 6 cases
Doris Rich Corya, etc. v. Roy Sanders, 155 So. 3d 1279 (Fla. 4th DCA 2015). “7 We recognize that section 736.1001, Florida Statutes, effective since 2006, provides for a number of remedies other than damages for a breach of trust.”
Kritchman v. Wolk, 152 So. 3d 628 (Fla. 3d DCA 2014). “§ 736.1001(1), Fla. Stat. (2010); Covenant Trust Co.”
Suzanne Revah v. Cecile Revah, Etc. (Fla. 4th DCA 2025). “8 receipts and disbursements; (c) identification and valuation of trust assets on hand at the close of the period, including acquisition and estimated current values; (d) disclosure of significant non-financial transactions; (e) allocation details of income and principal…”
F. Ronald Mastriana, as Tr. of the James & Beatrice Salah Charitable Trust, Etc. v. Brown Bros. Harriman Trust Co. (Fla. 4th DCA 2025). “§ 736.1001(1), Fla. Stat. (2016). To remedy such a breach of trust, a “court” has a panoply of remedies available, including compelling a trustee to pay money, reducing or denying compensation to a trustee, or “any other appropriate relief.”
Doris Rich Corya, etc. & Paul J. Rich Sanders, etc. v. Roy Sanders (Fla. 4th DCA 2014). “6 We recognize that section 736.1001, Florida Statutes, effective since 2006, provides for a number of remedies other than damages for a breach of trust.”
— 736.1001(2) — 1 case
David Miller, as Co-Tr., etc. v. Leah Marissa Moore (Fla. 4th DCA 2024).
— 736.1001(2)(c) — 2 cases
SUZANNE TROMBINO, individually & as Tr., etc. v. DALE ECHEVERRIA (Fla. 4th DCA 2022). “031(1), Florida Statutes (2021), or section 736.1001(2)(c), Florida Statutes (2021).”
F. Ronald Mastriana, as Tr. of the James & Beatrice Salah Charitable Trust, Etc. v. Brown Bros. Harriman Trust Co. (Fla. 4th DCA 2025). “§ 736.1001(1), Fla. Stat. (2016). To remedy such a breach of trust, a “court” has a panoply of remedies available, including compelling a trustee to pay money, reducing or denying compensation to a trustee, or “any other appropriate relief.”
— 736.1001(2)(h) — 1 case
McCormick v. Cox, 118 So. 3d 980 (Fla. 3d DCA 2013). “McCormick simply retained the funds and waited for the beneficiaries to come after him in their lawsuit. The trial court had the power to review the evidence regarding the trustee’s administration of the trusts and to determine an appropriate trustee’s fee, including no fee at…”
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