Under Chapter 736 of Florida Statutes in the Florida Trust Code, a court can alter an irrevocable trust in the case that the proposed change aligns with the settlor’s intent.
For example, a Florida court may modify an irrevocable trust if:
- The purpose of the trust has been fulfilled or cannot be further carried out.
- Unexpected circumstances not anticipated by the person who created the trust (the settlor) cause compliance with the trust’s terms to defeat or substantially impair an important purpose of the trust.
- A material purpose of the trust is now nonexistent.
To explore your options for changing an irrevocable trust through a judicial modification, contact Bach, Jacobs, & Byrne at (941) 906-1231.
