Florida Statute 736.1001
“Remedies for breach of trust”
What it means
A trustee's violation of a duty owed to a beneficiary is a breach of trust (§ 736.1001(1)). To remedy a breach that has occurred or may occur, the court may compel the trustee to perform, enjoin a breach, order payment or restoration of property, order an accounting, appoint a special fiduciary, suspend the trustee, remove the trustee under s. 736.0706, reduce or deny compensation, void an act (subject to s. 736.1016), impose a lien or constructive trust, trace and recover property, or order any other appropriate relief (§ 736.1001(2)).
If a breach favors one beneficiary over another or abuses the trustee's discretion, the court may order payment from the trust to a beneficiary who received nothing or too little. For a beneficiary who received too much, the court may have the trustee withhold from that beneficiary's future distributions or require that beneficiary to return some or all of the distribution to the trust (§ 736.1001(3)).
- A violation by a trustee of a duty owed to a beneficiary is a breach of trust (§ 736.1001(1)).
- The court may act on a breach that has occurred or may occur (§ 736.1001(2)).
- Remedies include compelling performance, enjoining a breach, compelling payment or restoration, ordering an accounting, appointing a special fiduciary, and suspending or removing the trustee (§ 736.1001(2)(a)-(g)).
- The court may reduce or deny compensation, void an act, impose a lien or constructive trust, and trace property, subject to s. 736.1016 (§ 736.1001(2)(h)-(i)).
- The list is not exclusive: the court may order any other appropriate relief (§ 736.1001(2)(j)).
- Where a breach favors one beneficiary, the court may order payment to the underpaid or withhold from future distributions to the overpaid (§ 736.1001(3)).
Text of the statute (2026)
(1) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.
(2) To remedy a breach of trust that has occurred or may occur, the court may: (a) Compel the trustee to perform the trustee’s duties; (b) Enjoin the trustee from committing a breach of trust; (c) Compel the trustee to redress a breach of trust by paying money or restoring property or by other means; (d) Order a trustee to account; (e) Appoint a special fiduciary to take possession of the trust property and administer the trust; (f) Suspend the trustee; (g) Remove the trustee as provided in s. 736.0706; (h) Reduce or deny compensation to the trustee; (i) Subject to s. 736.1016, void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds; or (j) Order any other appropriate relief.
(3) As an illustration of the remedies available to the court and without limiting the court’s discretion as provided in subsection (2), if a breach of trust results in the favoring of any beneficiary to the detriment of any other beneficiary or consists of an abuse of the trustee’s discretion: (a) To the extent the breach of trust has resulted in no distribution to a beneficiary or a distribution that is too small, the court may require the trustee to pay from the trust to the beneficiary an amount the court determines will restore the beneficiary, in whole or in part, to his or her appropriate position. (b) To the extent the breach of trust has resulted in a distribution to a beneficiary that is too large, the court may restore the beneficiaries, the trust, or both, in whole or in part, to their appropriate positions by requiring the trustee to withhold an amount from one or more future distributions to the beneficiary who received the distribution that was too large or by requiring that beneficiary to return some or all of the distribution to the trust.
Excerpts are the subsections the summary relies on. Read the full official text of § 736.1001.
History. s. 10, ch. 2006-217; s. 147, ch. 2007-5; s. 19, ch. 2007-153.
How it applies
Section 736.1001 gives the court options short of a damages judgment. A beneficiary who lacks information can ask for an accounting under paragraph (2)(d), and a threatened breach can be addressed by an injunction under paragraph (2)(b). Suspension and removal are separate remedies, and removal proceeds under s. 736.0706. Where one beneficiary was favored over another, subsection (3) allows the court to adjust distributions instead of, or in addition to, ordering money returned. The measure of damages for a breach is set by s. 736.1002.
Questions people ask
Sources
- Fla. Stat. § 736.1001, 2026 Florida Statutes (The Florida Senate) (Official text of the section. "To remedy a breach of trust that has occurred or may occur, the court may:")
- Fla. Stat. § 736.0706, 2026 Florida Statutes (The Florida Senate) (Removal of a trustee, referenced in § 736.1001(2)(g).)
Last checked: October 17, 2026
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