(1) After notice to the qualified beneficiaries, a trustee may combine two or more trusts into a single trust or divide a trust into two or more separate trusts, if the result does not impair rights of any beneficiary or adversely affect achievement of the purposes of the trusts or trust, respectively.
(2) Subject to the terms of the trust, the trustee may take into consideration differences in federal tax attributes and other pertinent factors in administering the trust property of any separate account or trust, in making applicable tax elections, and in making distributions. A separate trust created by severance must be treated as a separate trust for all purposes from the date on which the severance is effective. The effective date of the severance may be retroactive to a date before the date on which the trustee exercises such power.
History.—s. 4, ch. 2006-217.
Structure Florida Statutes
Title XLII - Estates and Trusts
Chapter 736 - Florida Trust Code
Part IV - Creation, Validity, Modification, and Termination (Ss. 736.0401-736.0417)
736.0401 - Methods of creating trust.
736.0402 - Requirements for creation.
736.0403 - Trusts created in other jurisdictions; formalities required for revocable trusts.
736.0405 - Charitable purposes; enforcement.
736.0406 - Effect of fraud, duress, mistake, or undue influence.
736.0407 - Evidence of oral trust.
736.0408 - Trust for care of an animal.
736.0409 - Noncharitable trust without ascertainable beneficiary.
736.0410 - Modification or termination of trust; proceedings for disapproval of nonjudicial acts.
736.04114 - Limited judicial construction of irrevocable trust with federal tax provisions.
736.04117 - Trustee’s power to invade principal in trust.
736.0412 - Nonjudicial modification of irrevocable trust.
736.0414 - Modification or termination of uneconomic trust.
736.0415 - Reformation to correct mistakes.
736.0416 - Modification to achieve settlor’s tax objectives.