Florida Statute 736.04113
“Judicial modification of irrevocable trust when modification is not inconsistent with settlor’s purpose”
What it means
On application of a trustee or any qualified beneficiary, a court may at any time modify the terms of a trust that is not then revocable if: (a) the trust's purposes have been fulfilled or have become illegal, impossible, wasteful, or impracticable to fulfill; (b) because of circumstances not anticipated by the settlor, compliance with the terms would defeat or substantially impair a material purpose; or (c) a material purpose of the trust no longer exists.
In modifying a trust, the court may amend its terms (including distribution or administration terms), terminate it in whole or in part, direct or permit the trustee to do acts the terms do not authorize or prohibit, or prohibit acts the terms permit or require.
The court must consider the trust's terms and purposes, the circumstances surrounding its creation, and relevant extrinsic evidence. It must consider spendthrift provisions as a factor, but a spendthrift provision does not preclude modification. The section adds to, and does not replace, common-law rights to modify, amend, terminate, or revoke trusts.
- Application by a trustee or any qualified beneficiary, for a trust that is not then revocable (§ 736.04113(1)).
- Ground (a): purposes fulfilled or illegal, impossible, wasteful, or impracticable to fulfill (§ 736.04113(1)(a)).
- Ground (b): unanticipated circumstances mean compliance would defeat or substantially impair a material purpose (§ 736.04113(1)(b)).
- Ground (c): a material purpose no longer exists (§ 736.04113(1)(c)).
- The court may amend, terminate, authorize an unauthorized act, or prohibit a permitted act (§ 736.04113(2)(a)-(d)).
- A spendthrift provision is a factor but does not preclude modification (§ 736.04113(3)(b)).
Text of the statute (2026)
Upon the application of a trustee of the trust or any qualified beneficiary, a court at any time may modify the terms of a trust that is not then revocable in the manner provided in subsection (2), if: (a) The purposes of the trust have been fulfilled or have become illegal, impossible, wasteful, or impracticable to fulfill; (b) Because of circumstances not anticipated by the settlor, compliance with the terms of the trust would defeat or substantially impair the accomplishment of a material purpose of the trust; or (c) A material purpose of the trust no longer exists.
In modifying a trust under this section, a court may: (a) Amend or change the terms of the trust, including terms governing distribution of the trust income or principal or terms governing administration of the trust; (b) Terminate the trust in whole or in part; (c) Direct or permit the trustee to do acts that are not authorized or that are prohibited by the terms of the trust; or (d) Prohibit the trustee from performing acts that are permitted or required by the terms of the trust.
In exercising discretion to modify a trust under this section: (a) The court shall 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. (b) The court shall consider spendthrift provisions as a factor in making a decision, but the court is not precluded from modifying a trust because the trust contains spendthrift provisions.
The provisions of this section are in addition to, and not in derogation of, rights under the common law to modify, amend, terminate, or revoke trusts.
Excerpts are the subsections the summary relies on. Read the full official text of § 736.04113.
History. s. 4, ch. 2006-217.
How it applies
Section 736.04113 applies to a trust that is not then revocable. The petition rests on one of the three grounds in subsection (1), and the orders the court may enter are listed in subsection (2). In deciding, the court considers the trust's terms and purposes, the circumstances when it was created, and relevant extrinsic evidence, and it treats a spendthrift provision as a factor only. A purpose stated in the instrument is among the terms and purposes the court must consider under subsection (3)(a).
Where this shows up
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Related sections
Questions people ask
Sources
- Florida Statutes (2026), s. 736.04113 (Official text and History line.)
Last checked: October 17, 2026
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