Florida Statute 736.0412
“Nonjudicial modification of irrevocable trust”
What it means
After the settlor's death, a trust may be modified at any time, as provided in § 736.04113(2), on the unanimous agreement of the trustee and all qualified beneficiaries. A spendthrift clause, or a provision prohibiting amendment or revocation, does not prohibit the modification.
An agreement is binding on a beneficiary whose interest is represented by another person under part III of the Trust Code.
The section does not apply to: a trust created before January 1, 2001; a trust created after December 31, 2000 whose beneficial interests must vest or terminate within the perpetuities period in § 689.225(2), unless its terms expressly authorize nonjudicial modification; or a trust for which a charitable deduction is allowed or allowable under the Internal Revenue Code, until all charitable interests terminate. A revocable trust is treated as created when the right of revocation terminates.
- Available after the settlor's death (§ 736.0412(1)).
- Requires the unanimous agreement of the trustee and all qualified beneficiaries (§ 736.0412(1)).
- The change must be one a court could order under § 736.04113(2) (§ 736.0412(1)).
- A spendthrift clause or a clause prohibiting amendment or revocation does not prevent it (§ 736.0412(2)).
- An agreement binds a beneficiary represented by another person under part III (§ 736.0412(3)).
- Excluded: pre-2001 trusts, certain perpetuities-limited trusts unless the terms authorize it, and trusts with a charitable deduction until all charitable interests end (§ 736.0412(4)(a)-(c)).
Text of the statute (2026)
After the settlor’s death, a trust may be modified at any time as provided in s. 736.04113(2) upon the unanimous agreement of the trustee and all qualified beneficiaries.
Modification of a trust as authorized in this section is not prohibited by a spendthrift clause or by a provision in the trust instrument that prohibits amendment or revocation of the trust.
An agreement to modify a trust under this section is binding on a beneficiary whose interest is represented by another person under part III of this code.
This section shall not apply to: (a) Any trust created prior to January 1, 2001. (b) Any trust created after December 31, 2000, if, 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), unless the terms of the trust expressly authorize nonjudicial modification. (c) Any trust for which a charitable deduction is allowed or allowable under the Internal Revenue Code until the termination of all charitable interests in the trust.
For purposes of subsection (4), 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 § 736.0412.
History. s. 4, ch. 2006-217; s. 7, ch. 2022-96.
How it applies
Section 736.0412 operates by agreement and without a court order, but only after the settlor's death and only with the agreement of the trustee and every qualified beneficiary. The agreed change must be one a court could order under § 736.04113(2). A beneficiary whose interest is represented by another person under part III is bound by that agreement (subsection (3)). If a qualified beneficiary does not agree, or the trust falls within subsection (4), this route is unavailable and the court-ordered routes in §§ 736.04113 and 736.04115 may apply. Any beneficiary may ask a court to disapprove a proposed modification (§ 736.0410(2)).
Where this shows up
Pages on this site where § 736.0412 does real work:
Related sections
Questions people ask
Sources
- Florida Statutes (2026), s. 736.0412 (Official text and History line.)
- Florida Statutes (2026), s. 736.0410 (Right of any beneficiary to seek disapproval of a modification under § 736.0412 (subsection (2)).)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.