Wallace v. Comprehensive Personal Care Services, Inc.
A beneficiary sought to remove his father as trustee of an irrevocable trust under sections 736.0105(2)(e), 736.0706, and 736.1001(2), alleging mental incapacity and improper gifts of trust assets to non-beneficiaries. The trial court dismissed, holding the claim was contrary to the trust's own removal procedures and to the guardianship safeguards of section 744.331. The Third DCA reversed, holding the trust's terms cannot eliminate or curtail the court's statutory power to remove a trustee in the interests of justice.
Key facts
- Beneficiary sought to remove his father as trustee of an irrevocable trust, alleging the trustee's mental incapacity and improper gifts of trust assets to non-beneficiaries.
- Trial court dismissed the claim, finding it contradicted the trust instrument's own removal procedures and was barred by guardianship safeguards.
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Why it matters
The opinion gives trust litigators a clear statement that a drafter cannot contract around the probate court's statutory authority to remove a trustee, even where the trust specifies an exclusive… — full analysis with a trial
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