(1) In allocating receipts and disbursements to or between principal and income, and with respect to any matter within the scope of ss. 738.201 and 738.202 and ss. 738.301-738.303, a fiduciary:
(a) Shall administer a trust or estate in accordance with the terms of the trust or the will, even if there is a different provision in this chapter.
(b) May administer a trust or estate by the exercise of a discretionary power of administration given to the fiduciary by the terms of the trust or the will, even if the exercise of the power produces a result different from a result required or permitted by this chapter.
(c) Shall administer a trust or estate in accordance with this chapter if the terms of the trust or the will do not contain a different provision or do not give the fiduciary a discretionary power of administration.
(d) Shall add a receipt or charge a disbursement to principal to the extent the terms of the trust and this chapter do not provide a rule for allocating the receipt or disbursement to or between principal and income.
(2) In exercising the power to adjust under s. 738.104(1) or a discretionary power of administration regarding a matter within the scope of this chapter, whether granted by the terms of a trust, a will, or this chapter, a fiduciary shall administer a trust or estate impartially, based on what is fair and reasonable to all of the beneficiaries, except to the extent the terms of the trust or the will clearly manifest an intention that the fiduciary shall or may favor one or more of the beneficiaries. A determination in accordance with this chapter is presumed to be fair and reasonable to all of the beneficiaries.
(3) Except as provided in s. 738.1041(9), this chapter pertains to the administration of a trust and is applicable to any trust that is administered in this state or under its law. This chapter also applies to any estate that is administered in this state unless the provision is limited in application to a trustee, rather than a fiduciary.
History.—s. 1, ch. 2002-42; s. 3, ch. 2012-49.
Structure Florida Statutes
Title XLII - Estates and Trusts
Chapter 738 - Principal and Income
738.103 - Fiduciary Duties; General Principles.
738.104 - Trustee’s Power to Adjust.
738.1041 - Total Return Unitrust.
738.105 - Judicial Control of Discretionary Powers.
738.201 - Determination and Distribution of Net Income.
738.202 - Distribution to Residuary and Remainder Beneficiaries.
738.301 - When Right to Income Begins and Ends.
738.302 - Apportionment of Receipts and Disbursements When Decedent Dies or Income Interest Begins.
738.303 - Apportionment When Income Interest Ends.
738.401 - Character of Receipts.
738.402 - Distribution From Trust or Estate.
738.403 - Business and Other Activities Conducted by Fiduciary.
738.503 - Obligation to Pay Money.
738.504 - Insurance Policies and Similar Contracts.
738.601 - Insubstantial Allocations Not Required.
738.602 - Payments From Deferred Compensation Plans, Annuities, and Retirement Plans or Accounts.
738.604 - Minerals, Water, and Other Natural Resources.
738.606 - Property Not Productive of Income.
738.607 - Derivatives and Options.
738.608 - Asset-Backed Securities.
738.701 - Disbursements From Income.
738.702 - Disbursements From Principal.
738.703 - Transfers From Income to Principal for Depreciation.
738.704 - Transfers From Income to Reimburse Principal.
738.706 - Adjustments Between Principal and Income Because of Taxes.
738.801 - Apportionment of Expenses; Improvements.