In Florida, does a Court have authority to modify a Trust?

Like many questions under the estate and probate law, the answer depends on a number of factors. 

Typically, if a Trust is still revocable, meaning that the Grantor who established the Trust is still living and competent, then a Court is not normally authorized to modify the Trust. This makes sense due to the fact that the person establishing the Trust can modify it himself if he/she feels it necessary.

One the other hand, if the Trust has become irrevocable, then there are circumstances where a Court can modify the Trust. So, for example, if the Grantor dies, thereby making the Trust irrevocable, then a Court can modify the Trust in the right situations.

Section 736.04113, Florida Statutes, provides that a Trustee or qualified beneficiary may petition the Court for modification if:

(a) The purposes of the Trust have been fulfilled or have become illegal, impossible, wasteful, or impracticable to fulfill;

(b) Because of circumstances not anticipated by the Grantor, compliance with the terms of the Trust would defeat or substantially impair the accomplishment of a material purpose of the Trust; or

(c) A material purpose of the Trust no longer exists.

If you are a Trustee or a beneficiary of a Trust and wish to assess your options in seeking a modification, you should consult with an experienced estate lawyer.

No Comments

Leave a comment
Comment Information
Email us for a response

We Can Resolve Your Legal Issues

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Our Location

14497 North Dale Mabry Hwy
Suite 160-N
Tampa, FL 33618

Phone: 813-280-0082 (AT)
Fax: 813-968-9426
Tampa Law Office Map