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Trust Accounting Limitation Notice

Copyright 2022 by St. Petersburg real estate, probate and business attorney James W. Martin.

This is a sample form of Florida trust accounting limitation notice to accompany trust accountings and other trust disclosure documents to commence the possibly shorter deadline for objections, under the Florida Trust Code, than the usual statute of limitations for objections to trust accountings.

Florida Statutes Section 736.1008 does not prescribe a specific form for the trust accounting limitation notice, but it does allow specific wording, which is set forth in this form within quotation marks. The manner of service of this form and evidence of its receipt by beneficiaries should be considered by the trustee’s attorney.

This form is for general background and educational purposes, is not legal advice, and does not create an attorney-client relationship. No form should be used unless the lawyer understands it and decides that it applies to his or her law practice and to the facts in the particular case. Each lawyer’s practice differs in some respects, and all cases differ, so the lawyer should plan to make changes to this form accordingly.

A prior version of this form was published in the August 2008 edition of ALI-ABA The Practical Lawyer and the February 2010 edition of The Florida Bar Journal as part of his article “Ten Tips for Handling Complex Probate”.


TRUST ACCOUNTING LIMITATION NOTICE

Date: _______________

To: _______________

_______________ as Trustee of the _______________ TRUST under trust agreement dated _______________, 20____, as amended (“Trust”), hereby notifies you that the following trust accounting and other trust disclosure documents have been served on you concurrently with this Limitation Notice: 

1. Initial Inventory dated _______________, 20____

2. Trust Accounting for period from _______________, 20____ to _______________, 20____

3. Statement from _______________ for month of _______________, 20____

4. Statement from _______________ for period beginning _______________, 20____ and ending _______________, 20____

Pursuant to Florida Statutes Section 736.1008, an action by a beneficiary for breach of trust based on any matter adequately disclosed in a trust disclosure document may be barred unless the action is commenced within six (6) months after receipt of the trust disclosure document or receipt of a limitation notice that applies to that trust disclosure document, whichever is later.

“An action for breach of trust based on matters disclosed in a trust accounting or other written report of the trustee or a trust director may be subject to a 6-month statute of limitations from the receipt of the trust accounting or other written report. If you have questions, please consult your attorney.”

Sign ___________________________________

Print _______________ 

as Trustee of the _______________ TRUST 

under trust agreement 

dated _______________, 20____, as amended 

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