Trust Modification  Extrinsic Evidence Sufficient to Construe
Settlor’s Original Intent  The new Florida Trust Code recognizes
the recent increase in use of long-term trusts, thereby
requiring greater flexibility in the restrictive rules that
apply concerning when a trust may be terminated or modified
other than as provided in the instrument. The governing
principal of the trust code is to carry out the settlor’s
intent. The power to modify the terms of a trust appears in a
variety of sections of the new trust code. For example, a court
now has discretion to modify an irrevocable trust because of
circumstances not anticipated by the settlor. In exercising its
discretion the court is to consider any spendthrift provision
but is not precluded from modifying the trust for that reason.
Fla.Stat. §736.04113. Also, a court may modify a trust if such
action is in the best interest of the beneficiaries. Fla.Stat.
§736.04115.  The new code also allows for reformation of the
terms of a trust if a mistake occurs in its