Fla. Stat. 736.0111
Nonjudicial settlement agreements


(1)

For purposes of this section, the term “interested persons” means persons whose interest would be affected by a settlement agreement.

(2)

Except as otherwise provided in subsection (3), interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust.

(3)

A nonjudicial settlement agreement among the trustee and trust beneficiaries is valid only to the extent the terms and conditions could be properly approved by the court. A nonjudicial settlement may not be used to produce a result not authorized by other provisions of this code, including, but not limited to, terminating or modifying a trust in an impermissible manner.

(4)

Matters that may be resolved by a nonjudicial settlement agreement include:The interpretation or construction of the terms of the trust.The approval of a trustee’s report or accounting.The direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power.The resignation or appointment of a trustee and the determination of a trustee’s compensation.The transfer of a trust’s principal place of administration.The liability of a trustee for an action relating to the trust.

(a)

The interpretation or construction of the terms of the trust.

(b)

The approval of a trustee’s report or accounting.

(c)

The direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power.

(d)

The resignation or appointment of a trustee and the determination of a trustee’s compensation.

(e)

The transfer of a trust’s principal place of administration.

(f)

The liability of a trustee for an action relating to the trust.

(5)

Any interested person may request the court to approve or disapprove a nonjudicial settlement agreement.

Source: Section 736.0111 — Nonjudicial settlement agreements, https://www.­flsenate.­gov/Laws/Statutes/2024/0736.­0111 (accessed Aug. 7, 2025).

Current through Fall 2025

§ 736.0111. Nonjudicial settlement agreements's source at flsenate​.gov