Florida Statutes § 736.0111

Nonjudicial settlement agreements

2026 Florida Statutes.

  1. (1)
    For purposes of this section, the term “interested persons” means persons whose interest would be affected by a settlement agreement.
  2. (2)
    Except as otherwise provided in subsection (3), interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust.
  3. (3)
    A nonjudicial settlement agreement among the trustee and trust beneficiaries is valid only to the extent the terms and conditions could be properly approved by the court. A nonjudicial settlement may not be used to produce a result not authorized by other provisions of this code, including, but not limited to, terminating or modifying a trust in an impermissible manner.
  4. (4)
    Matters that may be resolved by a nonjudicial settlement agreement include:
    1. (a)
      The interpretation or construction of the terms of the trust.
    2. (b)
      The approval of a trustee’s report or accounting.
    3. (c)
      The direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power.
    4. (d)
      The resignation or appointment of a trustee and the determination of a trustee’s compensation.
    5. (e)
      The transfer of a trust’s principal place of administration.
    6. (f)
      The liability of a trustee for an action relating to the trust.
  5. (5)
    Any interested person may request the court to approve or disapprove a nonjudicial settlement agreement.

History

History.—s. 1, ch. 2006-217.