Can a Florida Court Modify a Trust in the Beneficiaries' Best Interests?
By Adrian P. Thomas, LL.M., J.D. | Shareholder and Founding Partner, Adrian Philip Thomas, P.A. | Last reviewed June 2026
Quick answer. Yes. Under Section 736.04115, Florida Statutes, a court can modify an irrevocable trust when compliance with its terms is not in the best interests of the beneficiaries. This standard is broader and more direct than Section 736.04113, and a complaint may invoke both statutes on the same facts.
Key takeaways
- Section 736.04115 authorizes modification based on the beneficiaries' best interests rather than the trust's purposes.
- A complaint may plead Section 736.04113 and Section 736.04115 together when both fit the facts.
- Modifications under this section are naturally friendly, since the beneficiaries benefit from the change.
How does Section 736.04115 differ from Section 736.04113?
Section 736.04113 asks whether the trust's purposes have failed or whether unanticipated circumstances impair a material purpose. Section 736.04115 asks a more direct question about the beneficiaries: whether continued compliance serves their best interests. The two provisions can apply to identical facts, and a careful practitioner often pleads both.
When does compliance harm the beneficiaries?
A trust can function as written, accomplish its stated purposes, and still disadvantage the people it was meant to benefit. A rigid distribution schedule, an outdated investment restriction, or an obsolete administrative requirement can each impose costs the settlor never intended. When the parties agree that modification would improve the beneficiaries' position, Section 736.04115 supplies the authority.
What must the complaint establish?
The complaint must plead facts showing why compliance with the existing terms disserves the beneficiaries, and it must satisfy the jurisdictional requirements. The circuit court holds subject matter jurisdiction over Florida Trust Code proceedings. All indispensable parties must be named and afforded due process. Agreement among the parties removes resistance, not these requirements.
Frequently asked questions
Is the best interests standard easier to meet than 736.04113?
It is broader and more direct, but the court must still find that compliance is not in the beneficiaries' best interests on the pleaded facts.
Can I cite both 736.04113 and 736.04115 in one complaint?
Yes. Pleading both grounds is common when the facts support each.
Who consents to a best interests modification?
Typically, the trustee and the qualified beneficiaries benefit from the change.
About the author
Attorney Adrian Philip Thomas is a shareholder and founding partner of Adrian Philip Thomas, P.A., a boutique attorney law firm located in Fort Lauderdale, Florida. He has practiced law for the past 30 years, maintaining an office in Fort Lauderdale, Broward County, Florida. Mr. Thomas is "AV" rated by Martindale-Hubbell and has been selected on multiple occasions as one of Florida's Legal Elite by Florida Trend Magazine and selected as a Super Lawyer. Mr. Thomas concentrates his practice in estate and trust litigation, both prosecuting and defending, which includes matters involving estates, trusts, and probate. He represents clients with disputes throughout the State of Florida. Attorney Adrian Philip Thomas has a Master of Laws from the University of Miami, a Juris Doctor from Nova Southeastern University, and a Bachelor of Science from the University of Florida. Attorney Adrian Philip Thomas has lectured at continuing legal education seminars on various probate topics.
This article is general legal information about Florida law, not legal advice, and does not create an attorney-client relationship. Consult a Florida-licensed attorney about your specific situation.
