The Short Answer

In Florida, a “living trust” usually means a revocable trust you create during your lifetime and can typically change or cancel. An irrevocable trust generally cannot be revoked or amended once it’s set up (with limited exceptions), and a supplemental needs trust is a type of trust designed to benefit a person with disabilities without unnecessarily jeopardizing needs-based public benefits.

What Florida Law Says

Florida trust law focuses heavily on whether a trust is revocable or irrevocable, because that affects control, creditor/asset-protection issues, tax planning options, and what happens if the plan needs to change later. “Supplemental needs trust” can mean different things depending on the context (estate planning vs. elective share planning for a surviving spouse), so the trust’s purpose and drafting details matter.

The Statute

The primary law governing whether a trust is revocable (and how it can be changed) is Fla. Stat. § 736.0602.

This statute establishes that unless a trust expressly says it is irrevocable, the settlor may revoke or amend it, and it also sets rules for how revocation/amendment must be done.

Florida law also recognizes that irrevocable trusts sometimes can be modified, but typically only under specific conditions and often with court involvement or unanimous agreement of key parties. See, for example, Fla. Stat. § 736.04113 (judicial modification of an irrevocable trust in certain circumstances).

Why You Should Speak with an Attorney

These trusts can look similar on paper, but the legal and financial consequences can be very different. The “right” trust depends on your goals (probate avoidance, control during life, protecting a beneficiary, tax planning, or benefit eligibility), and a mistake can be costly or irreversible.

• Strict Formalities: Florida has rules about how trust documents must be executed and how changes must be made—if the trust isn’t properly drafted/executed or isn’t properly funded, your plan may fail when your family needs it most.
• Burden of Proof & Documentation: If there’s a dispute later (capacity, undue influence, trustee conduct, or beneficiary rights), outcomes often turn on the trust language and the paper trail.
• Exceptions & Unintended Consequences: Even “irrevocable” trusts can sometimes be modified only in narrow situations (often requiring court involvement). And a supplemental needs trust must be drafted carefully to avoid triggering benefit disqualification or repayment issues.

If you want to go deeper on related planning topics, you may also find these helpful: Do revocable living trusts avoid probate better than a simple will in Florida? and How do I set up a trust to protect my assets in Florida?.

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.

Find a Florida Attorney Now

Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.