How Do You Judicially Modify an Irrevocable Trust in Florida?
By Adrian P. Thomas, LL.M., J.D. | Shareholder and Founding Partner, Adrian Philip Thomas, P.A. | Last reviewed June 2026
Quick answer. A Florida court can judicially modify an irrevocable trust under Section 736.04113, Florida Statutes, on three grounds: the trust's purposes have become illegal, impossible, wasteful, or impracticable; unanticipated circumstances would defeat or substantially impair a material purpose; or a material purpose no longer exists. The trustee or any qualified beneficiary may petition.
Key takeaways
- Section 736.04113 supplies three independent grounds for judicial modification of an irrevocable trust.
- These statutory grounds are mandatory rules that the trust instrument cannot override. See Sections 736.0105(2)(j) and (k).
- A common use is removing a corporate trustee requirement when trust assets are too small to justify a corporate fiduciary.
What are the three grounds under Section 736.04113?
The first ground applies when the purposes of the trust have become illegal, impossible, wasteful, or impracticable to fulfill. The second applies when, because of circumstances the settlor did not anticipate, compliance would defeat or substantially impair a material purpose. The third applies when a material purpose of the trust no longer exists. Each addresses a different way a trust can drift from its function.
Can the trust instrument block modification?
No. A trust may impose its own modification requirements after becoming irrevocable, but those requirements do not prevail over the Florida Trust Code. Sections 736.0105(2)(j) and (k) make the statutory grounds mandatory. An interested person who meets the statutory and jurisdictional requirements retains the ability to modify regardless of the instrument's internal provisions.
What is a typical Section 736.04113 modification?
A trust mandates a corporate trustee, yet holds assets too modest to justify the fees. Compliance has become impracticable. The trustee or any qualified beneficiary petitions to permit an individual to serve as successor trustee. The modification preserves the settlor's goal of competent administration while removing an unworkable requirement.
Frequently asked questions
Who can petition to modify an irrevocable trust in Florida?
The trustee or any qualified beneficiary may petition under Section 736.04113.
Does a no-modification clause prevent court modification?
No. The statutory grounds in Section 736.04113 are mandatory and override contrary trust terms.
Is court approval of a Section 736.04113 modification binding on the trustee?
Yes. A court order gives the trustee certainty that acting under the modified terms will not create liability.
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.
