Florida Trust Modification and Amendment
FL trust modification (Chapter 736): by settlor (revocable: Section 736.0602), by agreement (Section 736.04113: all beneficiaries + settlor), by court (Section 736.04115: changed circumstances, fulfilled purposes), and by trustee (Section 736.04117: under $50K value). Amendment: written, signed, witnessed, notarized, delivered to trustee. Court: petition, notice, hearing, order. Broad discretion; must consider settlor’s intent. Multiple amendments: reference original + prior.
Methods
- Settlor (revocable)
- Agreement (all beneficiaries)
- Court (changed circumstances)
Amendment Procedure
- Written, executed like original
- Delivered to trustee
- Reference original + prior
Court Modification
- Petition, notice, hearing
- Changed circumstances
- Settlor’s intent considered
Related Terms
- Trust — Overview
Barnes Walker Estate Planning
Barnes Walker’s attorneys handle trust modifications in Florida. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 736 (Florida Trust Code)
The Florida Trust Code governs the creation, modification, and administration of trusts, including trustee duties, beneficiary rights, and trust termination.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC