Corya v. Sanders
Corya v. Sanders , 155 So.3d 1279 (Fla. 4th DCA 2014), 2014 WL 5617045 This case centered around three trust accounting issues: (1) whether the affirmative defense of statutory laches limited the years a beneficiary was entitled to an annual accounting from certain trusts, (2) the interpretation of statutory provisions deciding the starting date for the annual accountings and (3) the interpretation of case law deciding the starting date for the annual accountings. The case deals with four irrevocable trusts which were in effect for decades before one of their beneficiaries filed a lawsuit against the trustees. Before the lawsuit was filed, the trustees had never prepared accountings for any of the trusts. The trustees attempted to argue that there was no duty to account annually prior to July 1, 2007, when F.S. 736.0813 was passed. The Court found that the prior statute, F.S. 737.303 also created a duty to account for an irrevocable trust, based on the language ...