Quick answer. To identify causes of action in a Florida trust lawsuit, consult Section 736.0201(4), Florida Statutes, which lists grounds including modification, reformation, filling a vacancy, termination, accounting approval, and appointing a special fiduciary. A declaratory judgment under Section 86.041(3) is also available. A complaint must state a cause of action under Rule 1.110(b).
Key takeaways
- A complaint must state a cause of action. See Florida Rule of Civil Procedure 1.110(b).
- Section 736.0201(4) enumerates many recognized trust causes of action.
- A declaratory judgment under Section 86.041(3) can resolve questions of trust construction and administration.
Where do you find available causes of action?
Section 736.0201(4) enumerates many grounds for a trust proceeding, including judicial modification, reformation, filling a trustee vacancy, termination, approval of an accounting, and appointment of a special fiduciary. Each is a cause of action a complaint may assert. The governing cause of action can often be found by consulting the statute.
Can a complaint join multiple causes of action?
Yes. A trustee seeking to fill a vacancy may also seek approval of an interim accounting and authority to transfer assets. A complaint may join these causes of action so a single proceeding resolves the entire matter. Consider every result the parties want and identify the cause of action that supports each.
When is a declaratory judgment appropriate?
Section 86.041(3) authorizes a court to declare rights or legal relations to determine any question relating to the administration of a guardianship, estate, or trust, including questions of construction of wills and other writings. When the parties need a court to interpret an ambiguous provision or declare their rights, a declaratory judgment action may supply the appropriate cause of action.
Frequently asked questions
Must a Florida trust complaint state a cause of action?
Yes, under Florida Rule of Civil Procedure 1.110(b).
What causes of action does the Florida Trust Code list?
Section 736.0201(4) lists several, including modification, termination, accounting approval, and appointment of a special fiduciary.
Can you use a declaratory judgment for trust construction?
Yes, under Section 86.041(3).
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.
