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Chapter 736 — The Florida Trust Code

Florida Statute 736.04115

“Judicial modification of irrevocable trust when modification is in best interests of beneficiaries”

What it means

Without regard to the reasons in § 736.04113, if compliance with a trust's terms is not in the best interests of the beneficiaries, a court may at any time, on application of a trustee or any qualified beneficiary, modify a trust that is not then revocable, using the powers listed in § 736.04113(2).

The court must exercise its discretion in a manner that conforms to the extent possible with the settlor's intent, taking into account current circumstances and the best interests of the beneficiaries. It must consider the trust's terms and purposes, the circumstances surrounding creation, and relevant extrinsic evidence. A spendthrift provision is a factor but does not preclude modification.

The section does not apply to a trust created before January 1, 2001, or to a trust created after December 31, 2000 in two listed cases: all beneficial interests must vest or terminate within the perpetuities period in § 689.225(2), or the terms expressly prohibit judicial modification. A revocable trust is treated as created when the right of revocation terminates.

— What it says
  • Standard: compliance with the terms is not in the best interests of the beneficiaries, without regard to the § 736.04113 grounds (§ 736.04115(1)).
  • Application by a trustee or any qualified beneficiary, for a trust that is not then revocable (§ 736.04115(1)).
  • The court conforms to the settlor's intent to the extent possible, considering current circumstances and beneficiaries' best interests (§ 736.04115(2)(a)).
  • A spendthrift provision is a factor but does not preclude modification (§ 736.04115(2)(c)).
  • Does not apply to trusts created before January 1, 2001 (§ 736.04115(3)(a)).
  • Does not apply to a later trust whose interests must vest within the perpetuities period, or whose terms expressly prohibit judicial modification (§ 736.04115(3)(b)1.-2.).

Text of the statute (2026)

§ 736.04115(1)
Without regard to the reasons for modification provided in s. 736.04113, if compliance with the terms of a trust is not in the best interests of the beneficiaries, upon the application of a trustee or any qualified beneficiary, a court may at any time modify a trust that is not then revocable as provided in s. 736.04113(2).
§ 736.04115(2)
In exercising discretion to modify a trust under this section: (a) The court shall exercise discretion in a manner that conforms to the extent possible with the intent of the settlor, taking into account the current circumstances and best interests of the beneficiaries. (b) 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. (c) 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.
§ 736.04115(3)
This section shall not apply to: (a) Any trust created prior to January 1, 2001. (b) Any trust created after December 31, 2000, if: 1. Under the terms of the trust, all beneficial interests in the trust must vest or terminate within the period prescribed by the rule against perpetuities in s. 689.225(2), notwithstanding s. 689.225(2)(f) and (g). 2. The terms of the trust expressly prohibit judicial modification.
§ 736.04115(4)
For purposes of subsection (3), a revocable trust shall be treated as created when the right of revocation terminates.

Excerpts are the subsections the summary relies on. Read the full official text of § 736.04115.

History. s. 4, ch. 2006-217; s. 6, ch. 2022-96.

— In a Florida probate

How it applies

Section 736.04115 provides a modification route that does not depend on the grounds in § 736.04113. Eligibility is checked first: the section does not apply to a trust created before January 1, 2001, or to the two kinds of later trust listed in subsection (3)(b). For a revocable trust, subsection (4) treats the trust as created when the right of revocation terminates. For an eligible trust, the court conforms its order to the settlor's intent as far as possible, given current circumstances and the beneficiaries' best interests.

Questions people ask

What is the difference between Florida Statutes 736.04113 and 736.04115?
Both let a court modify a trust that is not then revocable. § 736.04113 requires one of three grounds, such as a purpose that is fulfilled or defeated by unanticipated circumstances. § 736.04115 uses a best-interests-of-the-beneficiaries standard but does not apply to trusts created before 2001 or to the later trusts listed in subsection (3)(b).

Sources

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 § 736.04115

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

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