What it means
Cotrustees who cannot reach a unanimous decision may act by majority decision (subsection (1)). If a cotrusteeship becomes vacant, the remaining cotrustees or a majority of them may act for the trust (subsection (2)). Each cotrustee must participate in performing a trustee's function unless unavailable because of absence, illness, disqualification under other law, or other temporary incapacity, or unless the function was properly delegated to another cotrustee (subsection (3)). If a cotrustee is unavailable and prompt action is necessary to achieve the trust's purposes or avoid injury to trust property, the remaining cotrustee or a majority of them may act (subsection (4)). Subsections (3) and (7) are subject to § 736.1412.
A cotrustee may not delegate to another cotrustee a function the settlor reasonably expected the cotrustees to perform jointly, except investment functions under § 518.112 (subsection (5)). A cotrustee who does not join in another cotrustee's action is generally not liable for it (subsection (6)). Each cotrustee must use reasonable care to prevent a cotrustee's breach of trust and to compel redress of one (subsection (7)). A dissenting cotrustee who joins in an action at the majority's direction and notifies any cotrustee of the dissent at or before the action is not liable (subsection (8)).
- Cotrustees unable to reach a unanimous decision may act by majority decision. (§ 736.0703(1))
- After a vacancy, the remaining cotrustees or a majority of them may act for the trust. (§ 736.0703(2))
- A cotrustee must participate in performing a trustee's function unless unavailable (absence, illness, disqualification, temporary incapacity) or properly delegated. (§ 736.0703(3))
- A function the settlor reasonably expected the cotrustees to perform jointly cannot be delegated to a cotrustee, except investment functions under § 518.112. (§ 736.0703(5))
- Each cotrustee must exercise reasonable care to prevent a cotrustee's breach of trust and to compel redress of one. (§ 736.0703(7))
- A dissenting cotrustee who joins at the majority's direction and notifies any cotrustee of the dissent at or before the action is not liable. (§ 736.0703(8))
Text of the statute (2026)
(1) Cotrustees who are unable to reach a unanimous decision may act by majority decision. (2) If a vacancy occurs in a cotrusteeship, the remaining cotrustees or a majority of the remaining cotrustees may act for the trust.
(3) Subject to s. 736.1412, relating to the allocation of powers among cotrustees, requirements for excluded cotrustees to act as a directed trustee, and liability and related obligations of directing cotrustees, a cotrustee must participate in the performance of a trustee’s function unless the cotrustee is unavailable to perform the function because of absence, illness, disqualification under other provision of law, or other temporary incapacity or the cotrustee has properly delegated the performance of the function to another cotrustee.
(5) A cotrustee may not delegate to another cotrustee the performance of a function the settlor reasonably expected the cotrustees to perform jointly, except that a cotrustee may delegate investment functions to a cotrustee pursuant to and in compliance with s. 518.112. A cotrustee may revoke a delegation previously made.
(6) Except as otherwise provided in subsection (7), a cotrustee who does not join in an action of another cotrustee is not liable for the action. (7) Except as otherwise provided in s. 736.1412, relating to the allocation of powers among cotrustees, requirements for excluded cotrustees to act as a directed trustee, and liability and related obligations of directing cotrustees, each cotrustee shall exercise reasonable care to: (a) Prevent a cotrustee from committing a breach of trust. (b) Compel a cotrustee to redress a breach of trust. (8) A dissenting cotrustee who joins in an action at the direction of the majority of the cotrustees and who notifies any cotrustee of the dissent at or before the time of the action is not liable for the action.
Excerpts are the subsections the summary relies on. Read the full official text of § 736.0703.
History. s. 7, ch. 2006-217; s. 1, ch. 2008-76; s. 5, ch. 2009-117; s. 1, ch. 2014-115; s. 7, ch. 2021-183.
How it applies
Cotrustee decisions follow a sequence. If cotrustees cannot agree, a majority decision is sufficient under subsection (1). A cotrustee who disagrees but joins at the majority's direction notifies a cotrustee of the dissent at or before the action to rely on subsection (8). Not joining an action avoids liability for it under subsection (6), but subsection (7) still requires reasonable care to prevent and redress a cotrustee's breach. Under § 736.0706(2)(b), a court may remove a trustee when lack of cooperation among cotrustees substantially impairs administration of the trust.
Where this shows up
Pages on this site where § 736.0703 does real work:
Questions people ask
Sources
- Fla. Stat. § 736.0703 (2026) ("Cotrustees who are unable to reach a unanimous decision may act by majority decision" (subsection (1)))
- Fla. Stat. § 736.0706 (2026) (Subsection (2)(b): removal when lack of cooperation among cotrustees substantially impairs administration)
Last checked: October 17, 2026
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