(1) In all trust proceedings, costs may be awarded as in chancery actions.
(2) If costs are to be paid from the trust under subsection (1) or s. 733.106(4)(a), the court, in its discretion, may direct from what part of the trust the costs shall be paid. All or any part of the costs to be paid from the trust may be assessed against one or more persons’ part of the trust in such proportions as the court finds to be just and proper. In the exercise of its discretion, the court may consider the factors set forth in s. 736.1005(2).
History.—s. 10, ch. 2006-217; s. 8, ch. 2015-27.
1Note.—Section 11, ch. 2015-27, provides that “[t]he amendments made by this act to ss. 733.106, 736.1005, and 736.1006, Florida Statutes, apply to proceedings commenced on or after July 1, 2015. The law in effect before July 1, 2015, applies to proceedings commenced before that date.”
