Florida Statutes § 736.1001

Remedies for breach of trust

2026 Florida Statutes.

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  1. (1)
    A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.
  2. (2)
    To remedy a breach of trust that has occurred or may occur, the court may:
    1. (a)
      Compel the trustee to perform the trustee’s duties;
    2. (b)
      Enjoin the trustee from committing a breach of trust;
    3. (c)
      Compel the trustee to redress a breach of trust by paying money or restoring property or by other means;
    4. (d)
      Order a trustee to account;
    5. (e)
      Appoint a special fiduciary to take possession of the trust property and administer the trust;
    6. (f)
      Suspend the trustee;
    7. (g)
      Remove the trustee as provided in s. 736.0706;
    8. (h)
      Reduce or deny compensation to the trustee;
    9. (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
    10. (j)
      Order any other appropriate relief.
  3. (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:
    1. (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.
    2. (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

History.—s. 10, ch. 2006-217; s. 147, ch. 2007-5; s. 19, ch. 2007-153.

Commentary from Matt Weidner

Probate attorney, Weidner Law, St. Petersburg. Videos open in a player; articles open on WeidnerLaw.com.

What Can I Actually Do If My Florida Trustee Is Stealing or Mismanaging the Trust? (§ 736.1001)

§ 736.1001 gives beneficiaries real, powerful remedies — not just the right to complain. Attorney Weidner explains: compel accounting, seek trustee removal, surcharge all losses, and recover attorney’s fees personally from the trustee.

Read the article at WeidnerLaw.com