Chapter 736 — The Florida Trust Code

Florida Statute 736.0410

“Modification or termination of trust; proceedings for disapproval of nonjudicial acts”

What it means

In addition to the methods of termination in §§ 736.04113 through 736.0414, a trust terminates to the extent it expires, is revoked, or is properly distributed under its terms.

Any beneficiary may commence a proceeding to disapprove a proposed modification or termination under § 736.0412 (nonjudicial modification) or a trust combination or division under § 736.0417. Only a qualified beneficiary may commence a proceeding to disapprove a proposed termination under § 736.0414(1) (the trustee's termination of a trust under $50,000).

— What it says

Besides §§ 736.04113-736.0414, a trust terminates to the extent it expires, is revoked, or is properly distributed under its terms (§ 736.0410(1)).
Any beneficiary may commence a proceeding to disapprove a proposed modification or termination under § 736.0412 (§ 736.0410(2)).
Any beneficiary may also challenge a trust combination or division proposed under § 736.0417 (§ 736.0410(2)).
Only a qualified beneficiary may commence a proceeding to disapprove a termination under § 736.0414(1) (§ 736.0410(3)).

Text of the statute (2026)

§ 736.0410(1)

In addition to the methods of termination prescribed by ss. 736.04113-736.0414, a trust terminates to the extent the trust expires or is revoked or is properly distributed pursuant to the terms of the trust.

§ 736.0410(2)

A proceeding to disapprove a proposed modification or termination under s. 736.0412 or a trust combination or division under s. 736.0417 may be commenced by any beneficiary.

§ 736.0410(3)

A proceeding to disapprove a proposed termination under s. 736.0414(1) may be commenced by any qualified beneficiary.

Excerpts are the subsections the summary relies on. Read the full official text of § 736.0410.

History. s. 4, ch. 2006-217.

— In a Florida probate

How it applies

Section 736.0410 does not itself authorize a modification. It identifies the natural ways a trust ends and points to the sections that provide other methods: judicial modification (§§ 736.04113, 736.04115), a trustee's power to invade principal (§ 736.04117), nonjudicial modification (§ 736.0412), cy pres (§ 736.0413), and termination of an uneconomic trust (§ 736.0414). It also preserves a beneficiary's ability to ask a court to disapprove a nonjudicial change under subsections (2) and (3).

Where this shows up

Pages on this site where § 736.0410 does real work:

Cy pres

Related sections

§ 736.04113Judicial modification of irrevocable trust when modification is not inconsistent with settlor’s purpose § 736.04115Judicial modification of irrevocable trust when modification is in best interests of beneficiaries § 736.0412Nonjudicial modification of irrevocable trust § 736.0413Cy pres § 736.0414Modification or termination of uneconomic trust

Questions people ask

Can an irrevocable trust be changed in Florida?

Often, by the methods the Trust Code provides: court modification (§§ 736.04113, 736.04115), a trustee's power to invade principal (§ 736.04117), nonjudicial modification by agreement after the settlor's death (§ 736.0412), cy pres for charitable purposes (§ 736.0413), and termination of an uneconomic trust (§ 736.0414).

Sources

Florida Statutes (2026), s. 736.0410 (Official text and History line.)

Last checked: October 17, 2026

The official text

This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.

Read § 736.0410

Published by the Probate.Help editorial team.How these pages are written and checked.