![]() (2) disallowed all of the trustee’s fees After finding that the trustee had committed numerous breaches of trust, including unilaterally paying himself a seven-figure trustee’s fee, failing to file annual trust accountings, and failing to avoid undervaluing trust property, the court: 3d DCA 2013), the beneficiaries of a family trust brought an action against the trustee (an attorney), the trustee’s law firm, and the trustee’s son for breach of trust. § 736.1001(3).Ĭourts have the authority to employ one or more these remedies under the Florida Trust Code remedies in order to remedy a breach of trust. 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 of the trust to their appropriate positions by requiring the trustee to withhold an amount from future distributions to the beneficiary that received the too large distribution, or by requiring that beneficiary to return some or all of the too large distribution to the trust. (i) 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 orĪs an illustration of the remedies available, section 736.1001(3) provides that 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 that results in no distribution to a beneficiary or a distribution that is too small, the court may require the trustee to make payment from the trust to the beneficiary an amount the court determines will restore the beneficiary to the appropriate position. (h) Reduce or deny compensation to the trustee (e) Appoint a special fiduciary to take possession of the trust property and administer the trust (c) Compel the trustee to redress a breach of trust by paying money or restoring property or by other means (b) Enjoin the trustee from committing a breach of trust Compel the trustee to perform the trustee’s duties.These remedies include that the court may: ![]() In order to remedy a breach of trust that has occurred or may occur, section 736.1001(2) of the Florida Trust Code provides numerous remedies a beneficiary can request a court to impose. ![]() ![]() Under section 736.1001(1) of the Florida Trust Code, “A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.” Generally, a beneficiary is the only person who can maintain a lawsuit against the trustee to enforce the trust. This blog addresses the key remedies that beneficiaries may look to under the Florida Trust Code when a trustee fails to comply with the trustee’s duties and commits a breach of trust.īeneficiary’s Remedies for Breach of Trust A recent blog provided an overview of trustee obligations under the Florida Trust Code, including the trustee’s obligations to administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with the Trust Code. The Florida Trust Code defines a trust beneficiary as “a person who has a present or future beneficial interest in a trust.” Fla. Trusts are a common estate planning vehicle, in which property is held in a trust and administered by the trustee for the benefit of the beneficiaries of the trust. Real Estate Development, Sales & Leasing.Community Advocacy & Social Responsibility.Search Website Submit SearchSearch Close Search
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