Your client is the trustee or the beneficiary of a irrevocable trust and wants to change or terminate it. What if the other beneficiaries or the trustee don’t agree to the change or termination? Well, then you can’t use a nonjudicial settlement agreement under Florida Statute 736.0111, so what can be done now?

Potentially a lot, under Florida Statute 736.0201, which gives the court general authority to intervene in the administration of a trust if jurisdiction is properly invoked and these statutes, 736.04113, 736.04114, 736.04115, 736.0413, 736.0415, 736.0417, allow judicial modification of an irrevocable trust for various reasons.

Reasons to Amend or Revoke an Irrevocable Trust

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