(1) Pending the outcome of a proceeding filed to determine the validity of all or part of a trust or the beneficiaries of all or part of a trust, the trustee shall proceed with the administration of the trust as if no proceeding had been commenced, except no action may be taken and no distribution may be made to a beneficiary in contravention of the rights of those persons who may be affected by the outcome of the proceeding.
(2) Upon motion of a party and after notice to interested persons, a court, on good cause shown, may make an exception to the prohibition under subsection (1) and authorize the trustee to act or to distribute trust assets to a beneficiary subject to any conditions the court, in the court’s discretion, may impose, including the posting of bond by the beneficiary.
History.—s. 8, ch. 2006-217.
Structure Florida Statutes
Title XLII - Estates and Trusts
Chapter 736 - Florida Trust Code
Part VIII - Duties and Powers of Trustee (Ss. 736.0801-736.0817)
736.0801 - Duty to administer trust.
736.0804 - Prudent administration.
736.0805 - Expenses of administration.
736.0807 - Delegation by trustee.
736.0809 - Control and protection of trust property.
736.0810 - Recordkeeping and identification of trust property.
736.08105 - Duty to ascertain marketable title of trust real property.
736.0811 - Enforcement and defense of claims.
736.0812 - Collecting trust property.
736.08125 - Protection of successor trustees.
736.0813 - Duty to inform and account.
736.08135 - Trust accountings.
736.0814 - Discretionary powers; tax savings.
736.08145 - Grantor trust reimbursement.
736.08147 - Duty to distribute trust income.
736.0815 - General powers of trustee.
736.0816 - Specific powers of trustee.
736.08165 - Administration pending outcome of contest or other proceeding.