Quick answer. To draft a Florida trust complaint, include a caption naming the court and parties, a short statement of the grounds for jurisdiction, a short and plain statement of ultimate facts showing entitlement to relief, and a demand for judgment. Filing a complaint is required to commence a trust proceeding under Section 736.0201(1), governed by Rules 1.100 and 1.110.
Key takeaways
- A complaint commences a trust proceeding under Section 736.0201(1) and must comply with Florida Rules of Civil Procedure 1.100 and 1.110.
- The body needs a jurisdiction statement, ultimate facts for every element, and a prayer for relief.
- Tailor the complaint to whether a probate judge or a circuit civil judge will decide it.
What goes in the caption and jurisdiction statement?
The caption names the court, the parties with the plaintiff first, and the file number assigned after filing. The jurisdiction statement must address subject matter jurisdiction, which the circuit court holds over Florida Trust Code proceedings under Section 736.0203; in rem jurisdiction under Section 736.0202(1); and personal jurisdiction, which requires service, waiver, or appearance plus minimum contacts, often satisfied under Section 736.0202(2)(a).
How detailed must the factual allegations be?
The complaint must plead the ultimate facts establishing every element of the cause of action. To plead judicial appointment of a trustee under Section 736.0704, for example, allege the existence of the trust, the events producing the vacancy, whether the trust nominates a successor and why that person is not serving, whether a successor was appointed by unanimous agreement of the qualified beneficiaries and if not why, and the name of the proposed appointee.
What about the prayer for relief and the judge?
The prayer for relief states precisely what the plaintiff wants. If the trustee seeks fees from the trust, request them specifically and agree on them in advance. Consider whether a probate judge or a circuit civil judge will decide the matter, and supply the legal context a less specialized judge needs. Judges carry heavy caseloads and benefit from a complaint that equips them to rule.
Frequently asked questions
What must a Florida trust complaint contain?
A caption, a jurisdiction statement, ultimate facts showing entitlement to relief, and a demand for judgment.
Which rules govern a trust complaint?
Florida Rules of Civil Procedure 1.100 and 1.110.
Should trustee fees be requested in the complaint?
Yes. If the trustee seeks fees from the trust, request them specifically in the prayer for relief.
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.
