Se Habla Español
Lines are Available 24/7
Se Habla Español
Se Habla Español
Lines are Available 24/7
Se Habla Español
⭐ 4.9 Rating · 600+ 5-Star Reviews · 5,000+ Clients · Florida Bar No. 0085615 · Statewide Service
Florida trust litigation is the courtroom side of trust administration. When a trustee breaches fiduciary duty, refuses to account, transfers trust property improperly, or when a beneficiary suspects an amendment was procured by undue influence, the dispute gets resolved under the Florida Trust Code (Chapter 736, Florida Statutes) — sometimes in a probate division, sometimes in civil circuit court, sometimes through mandatory mediation.
This guide covers the claims Florida law recognizes, the statutory deadlines that quietly bar otherwise-meritorious cases, how the process actually plays out, and what it costs. If you're a beneficiary who can't get an accounting, a trustee who needs instructions from the court, or a family member who thinks a deathbed amendment is invalid — start here.
These are the most common claims we file and defend under the Florida Trust Code. Many cases combine two or three of these into one petition — for example, accounting + removal + surcharge.
| Claim | Authority | What It Addresses |
|---|---|---|
| Breach of Fiduciary Duty | GENERAL DUTIES | The trustee owed and breached duties of loyalty (§ 736.0802), prudence (§ 736.0804), impartiality (§ 736.0803), or care. Damages can include trust losses, disgorgement of profits, and removal. |
| Trustee Removal | § 736.0706 | Beneficiaries can petition to remove a trustee for serious breach, persistent failure to administer, or substantial change in circumstances. Removal can be sought alongside accounting and surcharge claims. |
| Demand for Accounting | § 736.08135 | Florida requires trustees to provide annual accountings to qualified beneficiaries. When they refuse, the court compels production. Refusal to account is often the first sign of larger problems. |
| Trust Contest (Validity) | § 736.0406 | Challenges to the validity of the trust or an amendment — lack of capacity, undue influence, fraud, duress, mistake, or improper execution. Frequently filed alongside (or in lieu of) a will contest after death. |
| Undue Influence | § 736.0406 / § 732.5165 | A confidential relationship + active procurement of the trust amendment + unnatural disposition creates a presumption of undue influence under In re Estate of Carpenter. The trust proponent then has the burden to overcome it. |
| Lack of Testamentary Capacity | FL Common Law | Settlor must understand the nature and extent of property, the natural objects of bounty, and the consequences of the disposition. Diagnosis alone (e.g., dementia) doesn't prove incapacity — lucid intervals matter. |
| Self-Dealing / Conflict of Interest | § 736.0802 | Trustee transactions with the trust for personal benefit are voidable unless authorized by the trust, approved by all beneficiaries, or court-approved. Common patterns: family-member trustee paying above-market rent to themselves, selling trust assets to a related party. |
| Surcharge Action | § 736.1001 | Monetary remedy against a breaching trustee — making the trust whole for losses, returning improperly distributed funds, and (in egregious cases) requiring the trustee to forfeit compensation. Often paired with removal. |
| Judicial Modification or Termination | § 736.04113 / .04115 | Florida law allows modification or termination of an irrevocable trust where the purpose has become impractical, illegal, or where modification would substantially further the settlor's intent. Court approval is required; beneficiaries must consent. |
| Will/Trust Reformation | § 736.0415 | Florida's 2007 enactment of trust reformation allows correction of mistakes — drafting error, scrivener's error, mistaken inducement — by clear and convincing evidence. Limited window and specific procedural requirements apply. |
Six patterns that account for the majority of Florida trust disputes we see:
You're a beneficiary asking simple questions — what's in the trust, what's been spent, what does the trustee charge — and the response is silence, defensiveness, or a runaround. Florida § 736.0813 and § 736.08135 give qualified beneficiaries the right to annual accountings; we file a demand under § 736.0813(1)(a) and, if needed, a petition to compel.
A family member became sole trustee and is using trust property as if it were theirs — paying personal bills, selling trust real estate at below-market value to friends, taking distributions disguised as fees. Surcharge action + removal + accounting are the typical combined remedy.
The trust said one thing for 15 years; an amendment signed two weeks before death dramatically favors one beneficiary or a caregiver. Undue influence presumption from confidential relationship + active procurement + unnatural disposition shifts the burden to the proponent (In re Estate of Carpenter, 253 So. 2d 697 (Fla. 1971)).
Two siblings serving as co-trustees can't agree on how to administer — sell the house or hold it, distribute now or wait, hire which professionals. Court can resolve specific disputes under § 736.0703, modify the trust to a single trustee, or remove one or both.
The trust doesn't clearly address a new situation — does the special-needs distribution provision apply to this grandchild? Does "per stirpes" mean what the settlor thought it meant? Court interpretation under § 736.0201 (declaratory judgment) clarifies the trustee's duties before missteps create liability.
A successor trustee is appointed and the books don't add up — missing assets, undocumented withdrawals, fictitious expense reports. Successor trustee has standing AND fiduciary obligation to pursue the prior trustee for surcharge, recovery of trust property, and any necessary insurance claims.
From the first phone call through trial. Most cases never reach Step 7 — but Step 7 is what shapes how the earlier steps play.
30-45 minutes by phone or video. We learn the family/trust structure, hear your concerns, identify which Florida Trust Code provisions may be in play, and discuss whether the case fits a fee-shifting or contingency model. No charge for this initial review.
Defined flat-fee phase. We collect and analyze the trust instrument, amendments, accountings (if any), communications, and relevant financial records. Output: a written assessment of viable claims, Florida statute citations, evidence gaps, and a litigation budget.
Many trust disputes resolve without litigation. We draft a formal demand citing the specific Florida Trust Code violations — § 736.0813 accounting demands, § 736.0706 removal grounds, § 736.0802 self-dealing claims — and propose curative steps. Often the trustee's response is the first real movement.
If pre-suit doesn't resolve, we file in the proper Florida court — probate division for trust administration disputes, civil circuit for surcharge claims, and tort claims handled separately. We file removal, accounting, surcharge, and interpretation petitions as the facts support.
Depositions of the trustee, advisors, and witnesses; subpoenas to banks and brokerages; document production. This is where most cases either crystallize for trial or move toward settlement as the facts emerge.
Florida circuit courts require mediation before trial. By this stage both sides have invested in discovery and know the case. The majority of trust litigation settles here — frequently with trustee removal, restoration of trust property, and a written release.
Less than 10% of trust matters go to trial. When they do, we present documentary evidence, expert testimony on accountings and valuations, and percipient testimony from witnesses. Florida trust litigation is bench-tried (no jury) under Fla. Prob. R. 5.025.
Florida's trust limitations rules — codified in Fla. Stat. § 736.1008 — are some of the most under-appreciated tripwires in fiduciary law. Three different windows can apply:
Under § 736.1008(2), if the trustee provides a final accounting AND a written notice that adequately discloses the matter giving rise to a claim AND informs the beneficiary of the 6-month window, the beneficiary has 6 months from receipt to file. Properly drafted trustee notices can dramatically shorten the limitations period.
Without proper trustee disclosure starting the 6-month clock, Florida's general 4-year statute of limitations for breach of fiduciary duty (§ 95.11(3)) applies — running from discovery of the breach, not the date of the breach itself.
Florida § 95.11(3)(j) provides an absolute outer limit of 40 years from the breach, regardless of discovery. Practically speaking this affects only very old trusts and historical wrongs.
These rules interact in non-obvious ways — a trust contest under § 736.0207 has its own separate limitations period. Call early; the statute of limitations is the #1 reason otherwise-strong trust cases get dismissed before they're heard.
Bring whatever you have to the consultation — we obtain what's missing through subpoena, records requests, and discovery once the case is filed:
A complete view of trust litigation includes the defenses the trustee will raise. Knowing them upfront shapes how we plead and prove the claim:
The trustee's strongest defense in many cases. Sometimes raised credibly; sometimes used as a procedural club. We address SOL in our initial investigation specifically because losing here ends the case.
Florida § 736.1015 lets a trustee obtain a release from beneficiaries in exchange for distribution. Properly drafted releases can bar later claims — but failure of disclosure, undue influence on the release, or scope limitations all create exceptions.
If the trust grants the trustee broad discretion, courts will not second-guess judgment calls absent bad faith. Defining whether a decision was discretionary vs. ministerial is often the central issue.
When a beneficiary knew of trustee actions for years without objection, equity may bar a late claim — particularly when the trustee acted in reliance on the silence.
Only qualified beneficiaries (or successor trustees) have standing to bring most trust claims. Disinherited "would-be" beneficiaries lack standing absent contesting the trust itself.
Florida § 736.1108 generally renders no-contest clauses unenforceable. They are not the bar trustees sometimes claim — but they remain a settlor-designed psychological deterrent.
Trust litigation is billed on an hourly basis because cost varies dramatically with complexity, scope, and the trustee's level of cooperation. Unlike flat-fee estate planning, no two trust litigation cases are alike.
Our approach in practice:
Initial 30-45 minute consultation is free. We discuss case viability, the Florida Trust Code provisions in play, and the right fee structure for your situation.
Call 877-206-0022 for the free consultation.
Every trust dispute turns on a specific question: was the document valid, did the trustee breach a duty, or is a beneficiary being kept in the dark? Each guide below covers one of those questions in depth.
Grounds, standing, and the deadlines that govern a Florida will challenge.
The section 736.0406 grounds for invalidating a trust or an amendment.
How the presumption of undue influence arises and how the burden of proof shifts.
The duties of loyalty, prudence, and impartiality, and the remedies for a breach.
What section 736.0706 requires before a court will remove a trustee.
Conflicted transactions, voidable sales, and proving a trustee put himself first.
Your options when distributions stall, from a written demand to a surcharge action.
What a qualified beneficiary is entitled to receive, inspect, and enforce.
The section 733.504 grounds for removing the fiduciary running an estate.
The claims window, objections, and the independent action that follows.
What falls into the elective estate and how a surviving spouse enforces the share.
Trust litigation rarely happens in isolation. These are the closely-related Florida topics our trust clients also need:
Trust disputes often overlap with probate. Start with how Florida probate works.
The planning side of the trust world — how to draft documents that don't end up in court.
PR duties closely mirror trustee fiduciary duties; many disputes are functionally identical.
The trusts that, drafted well, never end up in litigation.
Litigation involving SNTs has its own Medicaid + SSI implications.
Article X §4 homestead protections frequently collide with trust distributions.
Trust litigation in Florida is courtroom resolution of disputes involving trusts — typically between beneficiaries, trustees, and (in trust-contest cases) the trust itself. Florida claims are governed primarily by the Florida Trust Code (Chapter 736, Florida Statutes), supplemented by common-law fiduciary doctrines and the Florida Probate Rules. Trust litigation can include breach-of-fiduciary-duty claims, trustee removal, accounting demands, trust-contest cases (validity), undue influence claims, and judicial modification or interpretation petitions.
As a qualified beneficiary you can sue when the trustee has breached a fiduciary duty (loyalty, prudence, impartiality, care under §§ 736.0801-.0804), failed to account when required (§ 736.08135), self-dealt without authority (§ 736.0802), or otherwise materially mismanaged the trust. You may also petition for the court to give the trustee instructions on ambiguous provisions, or to remove a trustee for serious breach (§ 736.0706).
It depends on what the trustee disclosed. Under Fla. Stat. § 736.1008(2), a properly noticed disclosure can trigger a 6-month limitations window from receipt. Without proper trustee disclosure, the general Florida 4-year limitations period for breach of fiduciary duty (§ 95.11(3)) applies, running from discovery of the breach. An absolute 40-year statute of repose applies in any event. These rules interact — call early.
Yes, when grounds under § 736.0706 are met — serious breach of trust, lack of cooperation among co-trustees substantially impairing administration, unfitness or persistent failure to administer effectively, or substantial change in circumstances. Removal often accompanies surcharge and accounting claims. The court can suspend the trustee pending the hearing if necessary.
A trust accounting is the trustee’s written disclosure to qualified beneficiaries of trust assets, receipts, disbursements, distributions, gains and losses, and trustee compensation for an accounting period. Florida requires the trustee of an irrevocable trust to provide annual accountings (§ 736.0813(1)(d)) unless waived. When the trustee refuses, beneficiaries can petition to compel.
Florida’s undue influence doctrine (from In re Estate of Carpenter, 253 So. 2d 697 (Fla. 1971)) creates a presumption when the proponent of the trust amendment had a confidential relationship with the settlor AND actively procured the amendment AND the amendment is an unnatural disposition. Once the presumption attaches, the burden shifts to the proponent to overcome it. Evidence includes isolation of the settlor, sudden changes in long-standing dispositions, and the proponent’s involvement in drafting or execution.
A trust contest challenges the validity of a trust or an amendment. Grounds under § 736.0406 include lack of testamentary capacity, undue influence, fraud, duress, mistake, or improper execution. A successful contest invalidates the trust or amendment and reverts distribution to the prior valid instrument or, in some cases, to intestate succession.
Frequently, yes. Many trust disputes resolve through a pre-suit demand letter or pre-suit mediation. Florida courts also require mediation before trial. Less than 10% of Florida trust matters go to trial — most settle at mediation after discovery, often with trustee removal, restoration of trust property, and a written release.
Trust litigation is generally billed hourly because the cost varies dramatically by complexity, scope, and the trustee’s level of cooperation. Our practice: a defined flat fee for the initial investigation phase, after which we provide a written budget for any litigation. Surcharge actions sometimes support fee-shifting (§ 736.1004) or fees from the trust if the action benefits the trust as a whole. We discuss fee structure at the consultation.
A no-contest (in terrorem) clause is a provision that disinherits any beneficiary who challenges the trust. Florida Statute § 736.1108 generally renders these clauses unenforceable in trust contests — meaning a beneficiary can challenge a Florida trust without losing the share they would have received if the challenge succeeds. Florida is more beneficiary-friendly on this point than many states.
In some circumstances, yes. Florida § 736.1004 allows the court to award attorney fees against a trustee personally when the trustee’s actions were in bad faith. Successful actions that benefit the trust as a whole may be paid from the trust itself. Fee recovery is discretionary and depends on the specific claims, the trustee’s conduct, and the outcome.
Trust administration is the routine work of running a trust — investments, distributions, accountings, tax filings — and is typically done without court involvement. Trust litigation is the adversarial process when administration breaks down: disputes between beneficiaries and trustees, contested validity, removal, surcharge. Trust litigation lives in court; trust administration usually lives outside court.
Specific answers to the questions Florida beneficiaries and trustees ask most often — with citations to Florida Trust Code provisions and verified DCA case law.
From our Brandon and St. Petersburg offices we handle trust disputes throughout the Tampa Bay region and statewide. Below: city-specific guides + a recent firm appellate result.
Managing Attorney, Zoecklein Law, P.A.
Florida Bar No. 0085615 · Stetson Law (J.D. cum laude) · Statewide Florida practice in probate, trust litigation, and estate planning.