Florida Trust Termination Attorneys
Ethical & Aggressive Legal Representation
While most individuals who create a trust can generally terminate or revoke it while they are alive, if it is not an irrevocable trust, trust termination is a type of modification to an otherwise irrevocable trust. Most litigation regarding trust terminations occurs when the settlor is deceased, the trust is irrevocable, and beneficiaries want to terminate the trust to receive their shares. A trust can also be terminated if it contains property that was destroyed or if the grantor specifies an end date or certain conditions are met.
Common examples of when trusts can be terminated include:
- The creator of the trust was not of sound mind when the trust was established, rendering the trust invalid
- The trust was created under duress, undue influence, mistake, or fraud
- The trust was established for an illegal purpose
- The trustee violated their duties
- Disputes arising between multiple beneficiaries
Who Can Terminate a Trust?
While the settlor of a trust is usually the only party who can terminate the trust, the following parties can also terminate a trust:
- Beneficiaries contesting or disputing the trust
- Parties negatively impacted by the trust
- Law enforcement agencies prosecuting illegal conduct
What Factors Does the Court Consider to Terminate a Trust?
Courts consider the terms and purposes of the trust, the facts and circumstances surrounding the creation of the trust, and extrinsic evidence relevant to the proposed modification or termination. While courts should consider spendthrift provisions as a factor in making decisions, the court is not precluded from modifying a trust because it contains spendthrift provisions.
We Can Help You Terminate a Trust in Florida
Our attorneys at Adrian Philip Thomas, P.A. are here to discuss your situation and review all of your legal options so you can make informed decisions. Our legal team measures success by how satisfied our clients are with our services and representation, so you can count on us to use our full resources to pursue your case goals. We have reputation for being aggressive and confident legal advocates, so please do not hesitate to reach out to our legal team today.
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