Florida Statute 736.0410
“Modification or termination of trust; proceedings for disapproval of nonjudicial acts”
What it means
This is the framing section for everything that follows it. A trust terminates when it expires, is revoked, or is fully distributed under its own terms — and, beyond that, in the specific ways §§736.04113 through 736.0414 allow. Those later sections are the real tools: judicial modification, nonjudicial modification, decanting, cy pres, and winding up a trust too small to run.
§736.0410 also protects beneficiaries from the nonjudicial routes: any beneficiary may go to court to disapprove a proposed modification, termination, or combination or division of trusts. For a termination of an uneconomic trust under §736.0414(1), only a qualified beneficiary may bring that challenge.
- A trust ends when it expires, is revoked, or is fully distributed under its terms — plus the methods in §§736.04113–736.0414.
- Any beneficiary may petition the court to disapprove a proposed nonjudicial modification, termination, or combination/division (§§736.0412, 736.0417).
- For terminating an uneconomic trust under §736.0414(1), only a qualified beneficiary may bring the disapproval proceeding.
- The section is a roadmap, not a standalone power — the grounds and mechanics live in the sections it points to.
How it plays out
We treat §736.0410 as the table of contents for the modification toolkit. Clients usually arrive with the wrong assumption — that an irrevocable trust is frozen, or that a judge is required to touch it. Neither is true. This section, and the five that follow it, give trustees and beneficiaries several ways to fix a trust that no longer fits: some by agreement, some by court order. The guardrail worth remembering is that a nonjudicial change is not final over a beneficiary's objection, because §736.0410 preserves the right to have a court review it.