In short: In Mastriana v. Brown Brothers Harriman Trust Co. (Fla. 4th DCA 2025), a charitable trust sued its former trustee over an $8.9 million reserve it withheld and how it invested the money. The court held there is no right to a jury trial on breach of fiduciary duty claims about trust administration, because those claims historically belonged to courts of equity.
Many beneficiaries assume a big trust case will be decided by a jury. In Florida, it usually won’t.
The Facts
A charitable trust removed its corporate trustee after about six years. The outgoing trustee held back roughly $8.9 million, under 10% of the trust’s assets, as a reserve. The trust sued, claiming the reserve was unreasonable and the money was imprudently invested while held. The trial court struck the trust’s jury demand, held a bench trial, found the reserve reasonable and the investments made in good faith, and ruled for the trustee.
The Decision
The Fourth District affirmed (No. 4D2024-0950, May 14, 2025). Florida’s constitutional right to a jury trial preserves the right as it existed at common law. Claims about how a trustee administers a trust historically belonged exclusively to courts of equity. A beneficiary’s breach of fiduciary duty claim against a trustee is therefore equitable, and no jury right attaches.
The Law Behind It
- Remedies for breach of trust are listed in § 736.1001 and damages in § 736.1002.
- A departing trustee may keep a reasonable reserve for expenses and liabilities (§ 736.0707).
- Federal law draws the same historical line: Chauffeurs, Teamsters & Helpers, Local No. 391 v. Terry, 494 U.S. 558 (1990).
Why It Matters
- Trust cases are tried to a judge. Strategy, evidence presentation, and expert testimony should be built for a judge.
- A judge applying equity can be more receptive to nuanced explanations of trustee conduct, which can help or hurt either side.
- Reserves held by an outgoing trustee are permitted if reasonable. Beneficiaries should demand an explanation and accounting for any reserve, in writing, at the time of transfer.
Source: Mastriana v. Brown Brothers Harriman Trust Co., No. 4D2024-0950 (Fla. 4th DCA May 14, 2025).
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
$8.9 Million Withheld by a Trustee — But Is There a Right to a Jury Trial?
Go Deeper
- Florida Trustee Duties and Beneficiary Rights: Accountings, Self-Dealing, and the 6-Month Deadline
- Successor Trustee in Florida: What to Do When You Take Over a Trust (and When the Last Trustee Won’t Hand It Over)
- The Trust Lawsuit Deadline Nobody Warns You About — Florida § 736.1008
Frequently Asked Questions
Do I get a jury trial in a Florida trust lawsuit?
Generally not for breach of fiduciary duty claims about trust administration. Those claims are equitable and tried to a judge.
Why is there no jury in breach of trust cases?
Florida preserves the jury right as it existed at common law, and trust administration claims historically belonged to courts of equity.
Can a departing trustee keep a reserve?
Yes, a reasonable reserve for expenses and liabilities, but beneficiaries can challenge whether it is reasonable.
What did the court decide in Mastriana?
The Fourth District affirmed the order striking the jury demand and the judgment for the trustee in 2025.
Talk to a Florida trust litigation lawyer
Weidner Law, P.A. handles Florida trust disputes and probate appeals from St. Petersburg. If you need a trust litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
