Inside a Florida Dynasty Trust Dispute (Mendelsohn v. Ecclestone)

Dynasty trusts are designed to last for generations. So are the family disagreements about them.

The Case

The appellant appealed individually and as a beneficiary of two dynasty trusts, from a final order of the Palm Beach County probate court in favor of the trustees, who included family members and outside trustees (No. 4D2023-2425). A related appeal between the family members was decided separately. During the appeal, the court struck the appellant’s reply brief for not complying with the appellate font rule and allowed an amended brief.

The Result

The Fourth District affirmed on April 24, 2025, without a written opinion. A per curiam affirmance (PCA) means the appellate court agreed with the result below without writing an opinion. It sets no precedent, and because there is no opinion, the Florida Supreme Court generally can’t review it. The issues described here are the ones argued; the court didn’t say which arguments it accepted.

What Is a Dynasty Trust?

A dynasty trust holds wealth for multiple generations, often designed to minimize transfer taxes at each generation. Florida’s rule against perpetuities allows trusts to last far longer than the traditional rule. Trusts created after 2000 can last 360 years, and the Legislature extended the period to 1,000 years for trusts created on or after July 1, 2022 (§ 689.225).

Why Disputes Arise

• Trustees serve for decades; family branches disagree about distributions, investments, and control.
• Beneficiaries are often grandchildren or later generations who never knew the settlor.
• Trust provisions on removing and replacing trustees become the battleground.

Lessons for Families Creating Dynasty Trusts

• Build in a clear process for replacing trustees.
• Consider a trust protector and dispute-resolution provisions (§ 731.401 allows arbitration clauses in trusts).
• Require regular reporting to every branch of the family.

Source: Mendelsohn v. Ecclestone, No. 4D2023-2425 (Fla. 4th DCA Apr. 24, 2025).

Watch the Oral Argument

This is the recording of the actual oral argument, posted on the channel. The court affirmed without a written opinion, so nothing said at argument should be read as the court’s reasoning.

Inside a Florida Dynasty Trust Dispute — Affirmed at the 4th DCA

Go Deeper

• Florida Trustee Duties and Beneficiary Rights: Accountings, Self-Dealing, and the 6-Month Deadline
• Arbitration Clauses in Florida Wills and Trusts: What § 731.401 Enforces, and What It Doesn’t

Frequently Asked Questions

How long can a dynasty trust last in Florida?

Up to 360 years for trusts created after 2000, and up to 1,000 years for trusts created on or after July 1, 2022, under § 689.225.

Who can challenge a dynasty trust trustee?

Beneficiaries can bring claims for breach of trust or seek removal under the Trust Code.

Can a Florida trust require arbitration?

Yes. Section 731.401 makes arbitration provisions in trusts enforceable for many disputes.

What happened in Mendelsohn v. Ecclestone?

The Fourth District affirmed without opinion 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.