Florida Statutes
Title XLII - Estates and Trusts
Chapter 736 - Florida Trust Code

736.0206 - Proceedings for review of employment of agents and review of compensation of trustee and employees of trust. - (1) The court may review the propriety of the employment...

736.0207 - Trust contests. - (1) In an action to contest the validity or revocation...

Part III - Representation (Ss. 736.0301-736.0306)

736.0301 - Representation; basic effect. - (1) Notice, information, accountings, or reports given to a person...

736.0302 - Representation by holder of power of appointment. - (1) The holder of a power of appointment may represent...

736.0303 - Representation by fiduciaries and parents. - (1) A guardian of the property may represent and bind...

736.0304 - Representation by person having substantially identical interest. - History.—s. 3, ch. 2006-217.

736.0305 - Appointment of representative. - (1) If the court determines that an interest is not...

736.0306 - Designated representative. - (1) If specifically nominated in the trust instrument, one or...

Part IV - Creation, Validity, Modification, and Termination (Ss. 736.0401-736.0417)

736.0401 - Methods of creating trust. - (1) Transfer of property to another person as trustee during...

736.0402 - Requirements for creation. - (1) A trust is created only if: (a) The settlor...

736.0403 - Trusts created in other jurisdictions; formalities required for revocable trusts. - (1) A trust not created by will is validly created...

736.0404 - Trust purposes. - History.—s. 4, ch. 2006-217; s. 4, ch. 2018-35.

736.0405 - Charitable purposes; enforcement. - (1) A trust may be created for charitable purposes. Charitable...

736.0406 - Effect of fraud, duress, mistake, or undue influence. - History.—s. 4, ch. 2006-217; s. 10, ch. 2011-183.

736.0407 - Evidence of oral trust. - History.—s. 4, ch. 2006-217.

736.0408 - Trust for care of an animal. - (1) A trust may be created to provide for the...

736.0409 - Noncharitable trust without ascertainable beneficiary. - (1) A trust may be created for a noncharitable purpose...

736.0410 - Modification or termination of trust; proceedings for disapproval of nonjudicial acts. - (1) In addition to the methods of termination prescribed by...

736.04113 - Judicial modification of irrevocable trust when modification is not inconsistent with settlor’s purpose. - (1) Upon the application of a trustee of the trust...

736.04114 - Limited judicial construction of irrevocable trust with federal tax provisions. - (1) Upon the application of a trustee or any qualified...

736.04115 - Judicial modification of irrevocable trust when modification is in best interests of beneficiaries. - (1) Without regard to the reasons for modification provided in...

736.04117 - Trustee’s power to invade principal in trust. - (1) DEFINITIONS.—As used in this section, the term: (a) “Absolute...

736.0412 - Nonjudicial modification of irrevocable trust. - (1) After the settlor’s death, a trust may be modified...

736.0413 - Cy pres. - (1) If a particular charitable purpose becomes unlawful, impracticable, impossible...

736.0414 - Modification or termination of uneconomic trust. - (1) After notice to the qualified beneficiaries, the trustee of...

736.0415 - Reformation to correct mistakes. - History.—s. 4, ch. 2006-217.

736.0416 - Modification to achieve settlor’s tax objectives. - History.—s. 4, ch. 2006-217.

736.0417 - Combination and division of trusts. - (1) After notice to the qualified beneficiaries, a trustee may...

Part V - Creditors’ Claims; Spendthrift and Discretionary Trusts (Ss. 736.0501-736.0507)

736.0501 - Rights of beneficiary’s creditor or assignee. - History.—s. 5, ch. 2006-217; s. 11, ch. 2007-153.

736.0502 - Spendthrift provision. - (1) A spendthrift provision is valid only if the provision...

736.0503 - Exceptions to spendthrift provision. - (1) As used in this section, the term “child” includes...

736.0504 - Discretionary trusts; effect of standard. - (1) As used in this section, the term “discretionary distribution”...

736.0505 - Creditors’ claims against settlor. - (1) Whether or not the terms of a trust contain...

736.05053 - Trustee’s duty to pay expenses and obligations of settlor’s estate. - (1) A trustee of a trust described in s. 733.707(3)...

736.05055 - Notice of trust. - (1) Upon the death of a settlor of a trust...

736.0506 - Overdue distribution. - (1) As used in this section, the term “mandatory distribution”...

736.0507 - Personal obligations of trustee. - History.—s. 5, ch. 2006-217.

Part VI - Revocable Trusts (Ss. 736.0601-736.0604)

736.0601 - Capacity of settlor of revocable trust. - History.—s. 6, ch. 2006-217.

736.0602 - Revocation or amendment of revocable trust. - (1) Unless the terms of a trust expressly provide that...

736.0603 - Settlor’s powers; powers of withdrawal. - (1) While a trust is revocable, the duties of the...

736.0604 - Limitation on action contesting validity of revocable trust. - (1) The time as provided in chapter 95; or (2)...

Part VII - Office of Trustee (Ss. 736.0701-736.0709)

736.0701 - Accepting or declining trusteeship. - (1) Except as otherwise provided in subsection (3), a person...

736.0702 - Trustee’s bond. - (1) A trustee shall give bond to secure performance of...

736.0703 - Cotrustees. - (1) Cotrustees who are unable to reach a unanimous decision...

736.0704 - Vacancy in trusteeship; appointment of successor. - (1) A vacancy in a trusteeship occurs if: (a) A...

736.0705 - Resignation of trustee. - (1) A trustee may resign in accordance with the procedure...

736.0706 - Removal of trustee. - (1) The settlor, a cotrustee, or a beneficiary may request...

736.0707 - Delivery of property by former trustee. - (1) Unless a cotrustee remains in office or the court...

736.0708 - Compensation of trustee. - (1) If the terms of a trust do not specify...

736.0709 - Reimbursement of expenses. - (1) A trustee is entitled to be reimbursed out of...

Part VIII - Duties and Powers of Trustee (Ss. 736.0801-736.0817)

736.0801 - Duty to administer trust. - History.—s. 8, ch. 2006-217.

736.0802 - Duty of loyalty. - (1) As between a trustee and the beneficiaries, a trustee...

736.0803 - Impartiality. - History.—s. 8, ch. 2006-217.

736.0804 - Prudent administration. - History.—s. 8, ch. 2006-217.

736.0805 - Expenses of administration. - History.—s. 8, ch. 2006-217.

736.0806 - Trustee’s skills. - History.—s. 8, ch. 2006-217.

736.0807 - Delegation by trustee. - (1) A trustee may delegate duties and powers that a...

736.0809 - Control and protection of trust property. - History.—s. 8, ch. 2006-217.

736.0810 - Recordkeeping and identification of trust property. - (1) A trustee shall keep clear, distinct, and accurate records...

736.08105 - Duty to ascertain marketable title of trust real property. - History.—s. 8, ch. 2006-217.

736.0811 - Enforcement and defense of claims. - History.—s. 8, ch. 2006-217.

736.0812 - Collecting trust property. - History.—s. 8, ch. 2006-217.

736.08125 - Protection of successor trustees. - (1) A successor trustee is not personally liable for actions...

736.0813 - Duty to inform and account. - (1) The trustee’s duty to inform and account includes, but...

736.08135 - Trust accountings. - (1) A trust accounting must be a reasonably understandable report...

736.0814 - Discretionary powers; tax savings. - (1) Notwithstanding the breadth of discretion granted to a trustee...

736.08145 - Grantor trust reimbursement. - (1)(a) Except as otherwise provided under the terms of a...

736.08147 - Duty to distribute trust income. - History.—s. 8, ch. 2006-217.

736.0815 - General powers of trustee. - (1) A trustee, without authorization by the court, may, except...

736.0816 - Specific powers of trustee. - (1) Collect trust property and accept or reject additions to...

736.08163 - Powers of trustees relating to environmental or human health laws or to trust property contaminated with hazardous or toxic substances; liability. - (1) From the creation of a trust until final distribution...

736.08165 - Administration pending outcome of contest or other proceeding. - (1) Pending the outcome of a proceeding filed to determine...

736.0817 - Distribution on termination. - History.—s. 8, ch. 2006-217.

Part IX - Trust Investments (Ss. 736.0901, 736.0902)

736.0901 - Applicability of chapter 518. - History.—s. 9, ch. 2006-217.

736.0902 - Nonapplication of prudent investor rule. - (1) Notwithstanding the provisions of s. 518.11 or s. 736.0804,...

Part X - Liability of Trustee and Rights of Persons Dealing With Trustee (Ss. 736.1001-736.1018)

736.1001 - Remedies for breach of trust. - (1) A violation by a trustee of a duty the...

736.1002 - Damages for breach of trust. - (1) A trustee who commits a breach of trust is...

736.1003 - Damages in absence of breach. - History.—s. 10, ch. 2006-217.

736.1004 - Attorney’s fees and costs. - (1)(a) In all actions for breach of fiduciary duty or...

736.1005 - Attorney fees for services to the trust. - (1) Any attorney who has rendered services to a trust...

736.1006 - Costs in trust proceedings. - (1) In all trust proceedings, costs may be awarded as...

736.1007 - Trustee’s attorney fees. - (1)(a) Except as provided in paragraph (d), if the trustee...

736.1008 - Limitations on proceedings against trustees. - (1) Except as provided in subsection (2), all claims by...

736.1009 - Reliance on trust instrument. - History.—s. 10, ch. 2006-217.

736.1010 - Event affecting administration or distribution. - History.—s. 10, ch. 2006-217.

736.1011 - Exculpation of trustee. - (1) A term of a trust relieving a trustee of...

736.1012 - Beneficiary’s consent, release, or ratification. - (1) The consent, release, or ratification of the beneficiary was...

736.1013 - Limitation on personal liability of trustee. - (1) Except as otherwise provided in the contract, a trustee...

736.1014 - Limitations on actions against certain trusts. - (1) After the death of a settlor, no creditor of...

736.1015 - Interest as general partner. - (1) Unless personal liability is imposed in the contract, a...

736.1016 - Protection of person dealing with trustee. - (1) A person other than a beneficiary who in good...

736.1017 - Certification of trust. - (1) Instead of furnishing a copy of the trust instrument...

736.1018 - Improper distribution or payment; liability of distributee. - History.—s. 10, ch. 2006-217.

Part XI - Rules of Construction (Ss. 736.1101-736.1109)

736.1101 - Rules of construction; general provisions. - (1) The intent of the settlor as expressed in the...

736.1102 - Construction of terms. - History.—s. 11, ch. 2006-217; s. 17, ch. 2010-132.

736.1103 - Gifts to multigeneration classes to be per stirpes. - History.—s. 11, ch. 2006-217.

736.1104 - Person not entitled to receive property or other benefits by reason of victim’s death. - (1) A beneficiary of a trust who unlawfully and intentionally...

736.1105 - Effect of subsequent marriage, birth, adoption, or dissolution of marriage. - (1) Neither subsequent marriage, birth, nor adoption of descendants shall...

736.1106 - Antilapse; survivorship with respect to future interests under terms of inter vivos and testamentary trusts; substitute takers. - (1) As used in this section, the term: (a) “Beneficiary”...

736.1107 - Change in securities; accessions; nonademption. - (1) As much of the gifted securities of the same...

736.1108 - Penalty clause for contest. - (1) A provision in a trust instrument purporting to penalize...

736.1109 - Testamentary and revocable trusts; homestead protections. - (1) If a devise of homestead under a trust violates...

Part XII - Charitable Trusts (Ss. 736.1201-736.1211)

736.1201 - Definitions. - (1) “Charitable organization” means an organization described in s. 501(c)(3)...

736.1202 - Application of this part. - History.—s. 12, ch. 2006-217.

736.1203 - Trustee of a private foundation trust or a split interest trust. - History.—s. 12, ch. 2006-217.

736.1204 - Powers and duties of trustee of a private foundation trust or a split interest trust. - (1) In the exercise of a trustee’s powers, including the...

736.1205 - Notice that this part does not apply. - History.—s. 12, ch. 2006-217; s. 7, ch. 2017-155.

736.1206 - Power to amend trust instrument. - (1) In the case of a trust that is solely...

736.1207 - Power of court to permit deviation. - History.—s. 12, ch. 2006-217; s. 9, ch. 2017-155.

736.1208 - Release; property and persons affected; manner of effecting. - (1) The trustee of a trust, all of the unexpired...

736.1209 - Election to come under this part. - History.—s. 12, ch. 2006-217; s. 148, ch. 2007-5; s. 18,...

736.1210 - Interpretation. - History.—s. 12, ch. 2006-217.

736.1211 - Protections afforded to certain charitable trusts and organizations. - (1) A charitable organization, private foundation trust, split interest trust,...

Part XIII - Miscellaneous (Ss. 736.1301-736.1303)

736.1301 - Electronic records and signatures. - History.—s. 13, ch. 2006-217.

736.1302 - Severability clause. - History.—s. 13, ch. 2006-217.

736.1303 - Application to existing relationships. - (1) Except as otherwise provided in this code, on July...

Part XIV - Florida Uniform Directed Trust Act (Ss. 736.1401-736.1416)

736.1401 - Short title. - History.—s. 14, ch. 2021-183.

736.1403 - Application; principal place of administration. - (1) This part applies to a trust subject to this...

736.1405 - Exclusions. - (1) As used in this section, the term “power of...

736.1406 - Power of trust director. - (1) Subject to s. 736.1407, relating to trust directors being...

736.1407 - Limitations on trust director. - (1) A payback provision in the terms of a trust...

736.1408 - Duty and liability of trust director. - (1) Subject to subsection (2), with respect to a power...

736.1409 - Duty and liability of directed trustee. - (1) Subject to subsection (2), a directed trustee shall take...

736.141 - Duty to provide information. - (1) Subject to s. 736.1411, relating to limitations on the...

736.1411 - No duty to monitor, inform, or advise. - (1) Notwithstanding s. 736.1409(1), relating to the duty of a...

736.1412 - Application to cotrustee. - (1) The terms of a trust may provide for the...

736.1413 - Limitation of action against trust director. - (1) An action against a trust director for breach of...

736.1414 - Defenses in action against trust director. - History.—s. 25, ch. 2021-183.

736.1415 - Jurisdiction over trust director. - (1) By accepting appointment as a trust director of a...

736.1416 - Office of trust director. - (1) Unless the terms of a trust provide otherwise, a...

Part XV - Community Property Trust Act (Ss. 736.1501-736.1512)

736.1501 - Short title. - History.—s. 29, ch. 2021-183.

736.1502 - Definitions. - (1) “Community property” means the property and the appreciation of...

736.1503 - Requirements for community property trust. - (1) Expressly declares that the trust is a community property...

736.1504 - Agreement establishing community property trust; amendments and revocation. - (1) In the agreement establishing a community property trust, the...

736.1505 - Classification of property as community property; enforcement; duration; management and control; effect of distributions. - (1) Whether both, one, or neither is domiciled in the...

736.1506 - Satisfaction of obligations. - (1) An obligation solely incurred by one settlor spouse before...

736.1507 - Death of a spouse. - History.—s. 35, ch. 2021-183.

736.1508 - Dissolution of marriage. - (1) Upon the dissolution of the marriage of the settlor...

736.1509 - Right of child to support. - History.—s. 37, ch. 2021-183.

736.151 - Homestead property. - (1) Property that is transferred to or acquired subject to...

736.1511 - Application of Internal Revenue Code; community property classified by another jurisdiction. - History.—s. 39, ch. 2021-183.

736.1512 - Unenforceable trusts. - (1) A community property trust executed during marriage is not...

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Florida Statutes Title XLII - Estates and Trusts Chapter 736 - Florida Trust Code

Florida Statutes
Title XLII - Estates and Trusts
Chapter 736 - Florida Trust Code