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Florida Probate Blog

Posts Tagged: trust modification

Trust Reformation

Written by on Jun 29, 2009| Posted in: Trust Litigation

Does a Trustee, Acting Alone, Have Standing to Seek Trust Reformation? The enactment of Florida’s new Trust Code invited many unanswered questions, and the question of whether a trustee, acting solely in her capacity as trustee, has standing to seek reformation of a trust was presented to our appellate court in Reid v. Temple Judea, 994 So.2d 1146 (Fla. 3rd DCA 2007).  The case involved a trust executed by Edgar Sonder who named Ceclia as trustee.  On May 17, 2000, Edgar Sonder executed a trust naming himself as trustee.   After Sonder’s death, his estate was probated and finding trust funds insufficient to pay all of the gifts provided for in Sonder’s will, Reid moved to abate the enumerated pecuniary gifts proportionately. Reid also claimed that the apartment was a devise, not subject to abatement.

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Trust Modification

Written by on Jan 21, 2009| Posted in: Estate Litigation

Extrinsic Evidence Sufficient to Construe Settlor’s Original Intent The new Florida Trust Code recognizes the recent increase in use of long-term trusts, thereby requiring greater flexibility in the restrictive rules that apply concerning when a trust may be terminated or modified other than as provided in the instrument. The governing principal of the trust code is to carry out the settlor’s intent. The power to modify the terms of a trust appears in a variety of sections of the new trust code. For example, a court now has discretion to modify an irrevocable trust because of circumstances not anticipated by the settlor. In exercising its discretion the court is to consider any spendthrift provision but is not precluded from modifying the trust for that reason. Fla.Stat. §736.04113. Also, a court may modify a trust if such action is in the best interest of the beneficiaries. Fla.Stat. §736.04115.

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