Florida Statutes Part X - Liability Of Trustee And Rights Of Persons Dealing With Trustee (Ss. 736.1001-736.1018)

• 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...
• 736.1002 - Damages For Breach Of Trust.
  (1) A trustee who commits a breach of trust is liable for the greater of:(a) The amount required to restore the value of the trust property and...
• 736.1003 - Damages In Absence Of Breach.
  Absent a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation in the value of trust property or...
• 736.1004 - Attorney’s Fees And Costs.
  (1)(a) In all actions for breach of fiduciary duty or challenging the exercise of, or failure to exercise, a trustee’s powers; and(b) In proceedings arising under ss....
• 736.1005 - Attorney Fees For Services To The Trust.
  (1) Any attorney who has rendered services to a trust may be awarded reasonable compensation from the trust. The attorney may apply to the court for...
• 736.1006 - Costs In Trust Proceedings.
  (1) In all trust proceedings, costs may be awarded as in chancery actions.(2) If costs are to be paid from the trust under subsection (1) or s....
• 736.1007 - Trustee’s Attorney’s Fees.
  (1) If the trustee of a revocable trust retains an attorney to render legal services in connection with the initial administration of the trust, the attorney...
• 736.1008 - Limitations On Proceedings Against Trustees.
  (1) Except as provided in subsection (2), all claims by a beneficiary against a trustee for breach of trust are barred as provided in chapter 95...
• 736.1009 - Reliance On Trust Instrument.
  A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary...
• 736.1010 - Event Affecting Administration Or Distribution.
  If the happening of an event, including marriage, divorce, performance of educational requirements, or death, affects the administration or distribution of a trust, a trustee...
• 736.1011 - Exculpation Of Trustee.
  (1) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that the term:(a) Relieves the trustee of...
• 736.1012 - Beneficiary’s Consent, Release, Or Ratification.
  A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee...
• 736.1013 - Limitation On Personal Liability Of Trustee.
  (1) Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee’s fiduciary capacity in...
• 736.1014 - Limitations On Actions Against Certain Trusts.
  (1) After the death of a settlor, no creditor of the settlor may bring, maintain, or continue any direct action against a trust described in s....
• 736.1015 - Interest As General Partner.
  (1) Unless personal liability is imposed in the contract, a trustee who holds an interest as a general partner in a general or limited partnership is...
• 736.1016 - Protection Of Person Dealing With Trustee.
  (1) A person other than a beneficiary who in good faith assists a trustee or who in good faith and for value deals with a trustee,...
• 736.1017 - Certification Of Trust.
  (1) Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification...
• 736.1018 - Improper Distribution Or Payment; Liability Of Distributee.
  Any person who received a distribution or was paid improperly from a trust shall return the assets or funds received and the income from those...

Last modified: September 23, 2016