(1)(a) In all actions for breach of fiduciary duty or challenging the exercise of, or failure to exercise, a trustee’s powers; and
(b) In proceedings arising under ss. 736.0410-736.0417,
the court shall award taxable costs as in chancery actions, including attorney fees and guardian ad litem fees.
(2) When awarding taxable costs under this section, including attorney fees and guardian ad litem fees, the court, in its discretion, may direct payment from a party’s interest, if any, in the trust or enter a judgment that may be satisfied from other property of the party, or both.
History.—s. 10, ch. 2006-217.
Structure Florida Statutes
Title XLII - Estates and Trusts
Chapter 736 - Florida Trust Code
Part X - Liability of Trustee and Rights of Persons Dealing With Trustee (Ss. 736.1001-736.1018)
736.1001 - Remedies for breach of trust.
736.1002 - Damages for breach of trust.
736.1003 - Damages in absence of breach.
736.1004 - Attorney’s fees and costs.
736.1005 - Attorney fees for services to the trust.
736.1006 - Costs in trust proceedings.
736.1007 - Trustee’s attorney fees.
736.1008 - Limitations on proceedings against trustees.
736.1009 - Reliance on trust instrument.
736.1010 - Event affecting administration or distribution.
736.1011 - Exculpation of trustee.
736.1012 - Beneficiary’s consent, release, or ratification.
736.1013 - Limitation on personal liability of trustee.
736.1014 - Limitations on actions against certain trusts.
736.1015 - Interest as general partner.
736.1016 - Protection of person dealing with trustee.
736.1017 - Certification of trust.
736.1018 - Improper distribution or payment; liability of distributee.