Florida Statutes § 736.0111
Nonjudicial settlement agreements
- (1)For purposes of this section, the term “interested persons” means persons whose interest would be affected by a settlement agreement.
- (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)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)Matters that may be resolved by a nonjudicial settlement agreement include:
- (a)The interpretation or construction of the terms of the trust.
- (b)The approval of a trustee’s report or accounting.
- (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.
- (d)The resignation or appointment of a trustee and the determination of a trustee’s compensation.
- (e)The transfer of a trust’s principal place of administration.
- (f)The liability of a trustee for an action relating to the trust.
- (a)
- (5)Any interested person may request the court to approve or disapprove a nonjudicial settlement agreement.
History
History.—s. 1, ch. 2006-217.