Most modifications arise because of unforeseen changes. While estate plans are typically created with long-term goals in mind, life events such as changes in family or financial circumstances; evolving beneficiary needs including disabilities and special needs; or updates to tax and inheritance laws may render an existing trust outdated or impractical. Florida’s estate planning framework offers flexibility to address these changes while still honoring the original intent of the trust.

Florida law provides a variety of avenues for modifying an irrevocable trust. There are various grounds that can justify the modification of an irrevocable trust, such as when the original trust terms are impossible, wasteful or impracticable to fulfill; when tax laws and their formulas change after the trust is written; and when compliance with a trust’s current terms is deemed to be not in the best interests of the beneficiaries. Irrevocable trusts can also be “reformed” by a court if there is evidence that the Settlor’s intent and the Trust’s terms were affected by mistakes of facts or law, including obvious scrivener’s errors.

Sean Byrne from Bach, Jacobs & Byrne, P.A. represents Trustees and beneficiaries seeking judicial modifications of otherwise irrevocable trusts. In some instances, we also assist clients with “non-judicial” modification agreements, if lawful given the circumstances.