Florida Statute 736.1005 - 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. 736.1005

736.1005 Attorney fees for services to the trust.—

(1) Any attorney who has rendered services to a trust may be awarded reasonable compensation from the trust. The attorney may apply to the court for an order awarding attorney fees and, after notice and service on the trustee and all beneficiaries entitled to an accounting under s. 736.0813, the court shall enter an order on the fee application.

(2) If attorney fees are to be paid from the trust under subsection (1), s. 736.1007(5)(a), or s. 733.106(4)(a), the court, in its discretion, may direct from what part of the trust the fees shall be paid.

(a) All or any part of the attorney fees to be paid from the trust may be assessed against one or more persons’ part of the trust in such proportions as the court finds to be just and proper.

(b) In the exercise of its discretion, the court may consider the following factors:

1. The relative impact of an assessment on the estimated value of each person’s part of the trust.

2. The amount of attorney fees to be assessed against a person’s part of the trust.

3. The extent to which a person whose part of the trust is to be assessed, individually or through counsel, actively participated in the proceeding.

4. The potential benefit or detriment to a person’s part of the trust expected from the outcome of the proceeding.

5. The relative strength or weakness of the merits of the claims, defenses, or objections, if any, asserted by a person whose part of the trust is to be assessed.

6. Whether a person whose part of the trust is to be assessed was a prevailing party with respect to one or more claims, defenses, or objections.

7. Whether a person whose part of the trust is to be assessed unjustly caused an increase in the amount of attorney fees incurred by the trustee or another person in connection with the proceeding.

8. Any other relevant fact, circumstance, or equity.

(c) The court may assess a person’s part of the trust without finding that the person engaged in bad faith, wrongdoing, or frivolousness.

(3) Except when a trustee’s interest may be adverse in a particular matter, the attorney shall give reasonable notice in writing to the trustee of the attorney’s retention by an interested person and the attorney’s entitlement to fees pursuant to this section. A court may reduce any fee award for services rendered by the attorney prior to the date of actual notice to the trustee, if the actual notice date is later than a date of reasonable notice. In exercising this discretion, the court may exclude compensation for services rendered after the reasonable notice date but before the date of actual notice.

History.—s. 10, ch. 2006-217; s. 7, ch. 2015-27.

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Amendments to 736.1005

Annotations, Discussions, Cases:

Cases Citing Statute 736.1005

Total Results: 9

Jervis v. Tucker

82 So. 3d 126, 2012 Fla. App. LEXIS 1781, 2012 WL 385518

District Court of Appeal of Florida | Filed: Feb 8, 2012 | Docket: 60306083

Cited 2 times | Published

400. Of particular importance to this case, section 736.1005 provides that “[a]ny attorney who has rendered

Van Vechten v. Anyzeski

157 So. 3d 350, 2015 Fla. App. LEXIS 722, 2015 WL 248731

District Court of Appeal of Florida | Filed: Jan 21, 2015 | Docket: 60246058

Cited 1 times | Published

1007.” Those sections provide as follows: • Section 736.1005(1) states, in pertinent part: “Any attorney

Jesus O. Valentino, Esq. v. in Re: Estate of Pedro E. Andollo

District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 70000163

Published

reasonable compensation from the estate.”); § 736.1005(1), Fla. Stat. (2022) (“Any attorney who has

Becky J. Kersey, Individually and as Trustee of the Mary Jo C. Abraham Living Trust Dated April 18, 2007 v. Kenneth J. Abraham

District Court of Appeal of Florida | Filed: Apr 17, 2025 | Docket: 69905401

Published

of appellate attorney’s fees pursuant to Section 736.1005, Florida Statutes. We agree with the Fourth

IN RE: TRUST OF ADEAN E. WINES vs

District Court of Appeal of Florida | Filed: Feb 3, 2023 | Docket: 66833811

Published

Appellate Procedure 9.300(a) and 9.400(b), and section 736.1005, Florida Statutes (2022), is granted, and

J. SCOTT LANFORD, TRUSTEE OF THE KIRK FAMILY FOUNDATION vs ROBIN PHEMISTER, PERSONAL REPRESENTATIVE OF THE ESTATE OF MARY L. DILLARD AND AS TRUSTEE OF THE TESTAMENTARY TRUST OF MARY L. DILLARD

District Court of Appeal of Florida | Filed: Apr 8, 2022 | Docket: 60149151

Published

the trust” following an application for fees. § 736.1005(1), Fla. Stat. (2021). Lanford argues

ROSALYN BRONSTEIN and ELLA BRONSTEIN v. ESTATE OF KATHERINE S. BRONSTEIN

District Court of Appeal of Florida | Filed: Dec 22, 2021 | Docket: 61637697

Published

to the settlement agreement and pursuant to section 736.1005(1), Florida Statutes (2019), which authorizes

Bloom v. Bloom

227 So. 3d 165, 2017 WL 2270124, 2017 Fla. App. LEXIS 7403

District Court of Appeal of Florida | Filed: May 24, 2017 | Docket: 6065457

Published

that he was entitled to attorney’s fees under section 736.1005(1), Florida Statutes (2015), which provides

Lowell Amey Van Vechten, as personal representative and trustee of the Estate of Nicola H. Amey v. Erica Anyzeski, as personal representative of the Estate of Milton Lain Benjamin

District Court of Appeal of Florida | Filed: Jan 21, 2015 | Docket: 2626281

Published

Those sections provide as follows:  Section 736.1005(1) states, in pertinent part: “Any attorney