The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

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F.S. 736.1001

736.1001 Remedies for breach of trust.—

(1) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.

(2) To remedy a breach of trust that has occurred or may occur, the court may:

(a) Compel the trustee to perform the trustee’s duties;

(b) Enjoin the trustee from committing a breach of trust;

(d) Order a trustee to account;

(e) Appoint a special fiduciary to take possession of the trust property and administer the trust;

(f) Suspend the trustee;

(g) Remove the trustee as provided in s. 736.0706;

(h) Reduce or deny compensation to the trustee;

(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

(j) Order any other appropriate relief.

(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:

(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.

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

F.S. 736.1001 on Google Scholar

F.S. 736.1001 on Casetext

Amendments to 736.1001

Arrestable Offenses / Crimes under Fla. Stat. 736.1001

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 736.1001.

Annotations, Discussions, Cases:

Cases from cite.case.law:

WALLACE, v. COMPREHENSIVE PERSONAL CARE SERVICES, INC., 275 So. 3d 782 (Fla. App. Ct. 2019)

. . . Wallace) and Mark Wallace moved the court to remove Milton Wallace as trustee (sections 736.0706 and 736.1001 . . . the order expressly left the door open for consideration of "other potential remedies under Section 736.1001 . . .

CORYA, J. M. P. P. v. SANDERS,, 155 So. 3d 1279 (Fla. Dist. Ct. App. 2015)

. . . . § 736.1001(1), Fla. Stat. (2008). The failure is also referred to as a breach of fiduciary duty. . . . We recognize that section 736.1001, Florida Statutes, effective since 2006, provides for a number of . . .

KRITCHMAN, v. WOLK,, 152 So. 3d 628 (Fla. Dist. Ct. App. 2014)

. . . . § 736.1001(1), Fla. Stat. (2010); Covenant Trust Co. v. . . .

F. McCORMICK, v. C. COX,, 118 So. 3d 980 (Fla. Dist. Ct. App. 2013)

. . . . § 736.1001(2)(h), Fla. . . .

A. SCHWAB L. A. v. HUNTINGTON NATIONAL BANK,, 516 F. App'x 545 (6th Cir. 2013)

. . . . § 736.1001, § 736.1002, and § 736.1004). . . .

A. SCHWAB L. A. v. HUNTINGTON NATIONAL BANK,, 516 F. App'x 545 (6th Cir. 2013)

. . . . § 736.1001, § 736.1002, and § 736.1004). . . .