Florida Statutes
Fla. Stat. § 736.1011 (2025)
Exculpation of trustee.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
736.1011 Exculpation of trustee.—
(1) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that the term:
(a) Relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries; or
(b) Was inserted into the trust instrument as the result of an abuse by the trustee of a fiduciary or confidential relationship with the settlor.
(2) An exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless:
(a) The trustee proves that the exculpatory term is fair under the circumstances.
(b) The term’s existence and contents were adequately communicated directly to the settlor or the independent attorney of the settlor. This paragraph applies only to trusts created on or after July 1, 2007.
Notes of Decisions
Cited in 2
cases (2 in the last 5 years), 2021–2026 · leading case: Anthony Lennen v. Marriott Ownership Resorts, Inc. (11th Cir. 2021).
Anthony Lennen v. Marriott Ownership Resorts, Inc. (11th Cir. 2021). “See Fla. Stat. § 736.1011 (1) (“A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that the term: (a) Relieves the trus- tee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes…”
Botelho v. Miniat, 2026 IL App (1st) 250320-U (Ill. App. Ct. 2026). “2015) (“as a general proposition, unambiguous exculpatory contracts are enforceable unless they contravene public policy”), Fla. Stat. Ann. § 736.1011 (West) (“(1) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that the…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.