reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part IV - Creation, Validity, Modification, and Termination (Ss. 736.0401-736.0417) › 736.0412 - Nonjudicial modification of irrevocable trust.

736.0412 Nonjudicial modification of irrevocable trust.—
(1) After the settlor’s death, a trust may be modified at any time as provided in s. 736.04113(2) upon the unanimous agreement of the trustee and all qualified beneficiaries.
(2) Modification of a trust as authorized in this section is not prohibited by a spendthrift clause or by a provision in the trust instrument that prohibits amendment or revocation of the trust.
(3) An agreement to modify a trust under this section is binding on a beneficiary whose interest is represented by another person under part III of this code.
(4) This section shall not apply to:
(a) Any trust created prior to January 1, 2001.
(b) Any trust created after December 31, 2000, if, under the terms of the trust, all beneficial interests in the trust must vest or terminate within the period prescribed by the rule against perpetuities in s. 689.225(2), notwithstanding s. 689.225(2)(f) and (g), unless the terms of the trust expressly authorize nonjudicial modification.
(c) Any trust for which a charitable deduction is allowed or allowable under the Internal Revenue Code until the termination of all charitable interests in the trust.
(5) For purposes of subsection (4), a revocable trust shall be treated as created when the right of revocation terminates.
(6) The provisions of this section are in addition to, and not in derogation of, rights under the common law to modify, amend, terminate, or revoke trusts.
History.—s. 4, ch. 2006-217; s. 7, ch. 2022-96.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part IV - Creation, Validity, Modification, and Termination (Ss. 736.0401-736.0417) › 736.0413 - Cy pres.

736.0413 Cy pres.—
(1) If a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful, the court may apply the doctrine of cy pres to modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor’s charitable purposes.
(2) A proceeding to modify or terminate a trust under this section may be commenced by a settlor, a trustee, or any qualified beneficiary.
History.—s. 4, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part IV - Creation, Validity, Modification, and Termination (Ss. 736.0401-736.0417) › 736.0414 - Modification or termination of uneconomic trust.

736.0414 Modification or termination of uneconomic trust.—
(1) After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property having a total value less than $50,000 may terminate the trust if the trustee concludes that the value of the trust property is insufficient to justify the cost of administration.
(2) Upon application of a trustee or any qualified beneficiary, the court may modify or terminate a trust or remove the trustee and appoint a different trustee if the court determines that the value of the trust property is insufficient to justify the cost of administration.
(3) Upon termination of a trust under this section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust. The trustee may enter into agreements or make such other provisions that the trustee deems necessary or appropriate to protect the interests of the beneficiaries and the trustee and to carry out the intent and purposes of the trust.
(4) The existence of a spendthrift provision in the trust does not make this section inapplicable unless the trust instrument expressly provides that the trustee may not terminate the trust pursuant to this section.
(5) This section does not apply to an easement for conservation or preservation.
History.—s. 4, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part IV - Creation, Validity, Modification, and Termination (Ss. 736.0401-736.0417) › 736.0415 - Reformation to correct mistakes.

736.0415 Reformation to correct mistakes.—Upon application of a settlor or any interested person, the court may reform the terms of a trust, even if unambiguous, to conform the terms to the settlor’s intent if it is proved by clear and convincing evidence that both the accomplishment of the settlor’s intent and the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement. In determining the settlor’s original intent, the court may consider evidence relevant to the settlor’s intent even though the evidence contradicts an apparent plain meaning of the trust instrument.
History.—s. 4, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part IV - Creation, Validity, Modification, and Termination (Ss. 736.0401-736.0417) › 736.0416 - Modification to achieve settlor’s tax objectives.

736.0416 Modification to achieve settlor’s tax objectives.—Upon application of any interested person, to achieve the settlor’s tax objectives the court may modify the terms of a trust in a manner that is not contrary to the settlor’s probable intent. The court may provide that the modification has retroactive effect.
History.—s. 4, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part IV - Creation, Validity, Modification, and Termination (Ss. 736.0401-736.0417) › 736.0417 - Combination and division of trusts.

736.0417 Combination and division of trusts.—
(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.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part V - Creditors’ Claims; Spendthrift and Discretionary Trusts (Ss. 736.0501-736.0507) › 736.0501 - Rights of beneficiary’s creditor or assignee.

736.0501 Rights of beneficiary’s creditor or assignee.—Except as provided in s. 736.0504, to the extent a beneficiary’s interest is not subject to a spendthrift provision, the court may authorize a creditor or assignee of the beneficiary to reach the beneficiary’s interest by attachment of present or future distributions to or for the benefit of the beneficiary or by other means. The court may limit the award to such relief as is appropriate under the circumstances.
History.—s. 5, ch. 2006-217; s. 11, ch. 2007-153.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part V - Creditors’ Claims; Spendthrift and Discretionary Trusts (Ss. 736.0501-736.0507) › 736.0502 - Spendthrift provision.

736.0502 Spendthrift provision.—
(1) A spendthrift provision is valid only if the provision restrains both voluntary and involuntary transfer of a beneficiary’s interest. This subsection does not apply to any trust the terms of which are included in an instrument executed before the effective date of this code.
(2) A term of a trust providing that the interest of a beneficiary is held subject to a spendthrift trust, or words of similar import, is sufficient to restrain both voluntary and involuntary transfer of the beneficiary’s interest.
(3) A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift provision and, except as otherwise provided in this part, a creditor or assignee of the beneficiary may not reach the interest or a distribution by the trustee before receipt of the interest or distribution by the beneficiary.
(4) A valid spendthrift provision does not prevent the appointment of interests through the exercise of a power of appointment.
History.—s. 5, ch. 2006-217; s. 12, ch. 2007-153.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part V - Creditors’ Claims; Spendthrift and Discretionary Trusts (Ss. 736.0501-736.0507) › 736.0503 - Exceptions to spendthrift provision.

736.0503 Exceptions to spendthrift provision.—
(1) As used in this section, the term “child” includes any person for whom an order or judgment for child support has been entered in this or any other state.
(2) To the extent provided in subsection (3), a spendthrift provision is unenforceable against:
(a) A beneficiary’s child, spouse, or former spouse who has a judgment or court order against the beneficiary for support or maintenance.
(b) A judgment creditor who has provided services for the protection of a beneficiary’s interest in the trust.
(c) A claim of this state or the United States to the extent a law of this state or a federal law so provides.
(3) Except as otherwise provided in this subsection and in s. 736.0504, a claimant against which a spendthrift provision may not be enforced may obtain from a court, or pursuant to the Uniform Interstate Family Support Act, an order attaching present or future distributions to or for the benefit of the beneficiary. The court may limit the award to such relief as is appropriate under the circumstances. Notwithstanding this subsection, the remedies provided in this subsection apply to a claim by a beneficiary’s child, spouse, former spouse, or a judgment creditor described in paragraph (2)(a) or paragraph (2)(b) only as a last resort upon an initial showing that traditional methods of enforcing the claim are insufficient.
History.—s. 5, ch. 2006-217; s. 13, ch. 2007-153.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part V - Creditors’ Claims; Spendthrift and Discretionary Trusts (Ss. 736.0501-736.0507) › 736.0504 - Discretionary trusts; effect of standard.

736.0504 Discretionary trusts; effect of standard.—
(1) As used in this section, the term “discretionary distribution” means a distribution that is subject to the trustee’s discretion whether or not the discretion is expressed in the form of a standard of distribution and whether or not the trustee has abused the discretion.
(2) Whether or not a trust contains a spendthrift provision, if a trustee may make discretionary distributions to or for the benefit of a beneficiary, a creditor of the beneficiary, including a creditor as described in s. 736.0503(2), may not:
(a) Compel a distribution that is subject to the trustee’s discretion; or
(b) Attach or otherwise reach the interest, if any, which the beneficiary might have as a result of the trustee’s authority to make discretionary distributions to or for the benefit of the beneficiary.
(3) If the trustee’s discretion to make distributions for the trustee’s own benefit is limited by an ascertainable standard, a creditor may not reach or compel distribution of the beneficial interest except to the extent the interest would be subject to the creditor’s claim were the beneficiary not acting as trustee.
(4) This section does not limit the right of a beneficiary to maintain a judicial proceeding against a trustee for an abuse of discretion or failure to comply with a standard for distribution.
History.—s. 5, ch. 2006-217; s. 14, ch. 2007-153.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part V - Creditors’ Claims; Spendthrift and Discretionary Trusts (Ss. 736.0501-736.0507) › 736.05055 - Notice of trust.

736.05055 Notice of trust.—
(1) Upon the death of a settlor of a trust described in s. 733.707(3), the trustee must file a notice of trust with the court of the county of the settlor’s domicile and the court having jurisdiction of the settlor’s estate.
(2) The notice of trust must contain the name of the settlor, the settlor’s date of death, the title of the trust, if any, the date of the trust, and the name and address of the trustee.
(3) If the settlor’s probate proceeding has been commenced, the clerk shall notify the trustee in writing of the date of the commencement of the probate proceeding and the file number.
(4) The clerk shall file and index the notice of trust in the same manner as a caveat unless there exists a probate proceeding for the settlor’s estate, in which case the notice of trust must be filed in the probate proceeding and the clerk shall send a copy to the personal representative.
(5) The clerk shall send a copy of any caveat filed regarding the settlor to the trustee, and the notice of trust to any caveator, unless there is a probate proceeding pending and the personal representative and the trustee are the same.
(6) Any proceeding affecting the expenses of the administration or obligations of the settlor’s estate prior to the trustee filing a notice of trust are binding on the trustee.
(7) The trustee’s failure to file the notice of trust does not affect the trustee’s obligation to pay expenses of administration and obligations of the settlor’s estate as provided in s. 733.607(2).
History.—s. 5, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part V - Creditors’ Claims; Spendthrift and Discretionary Trusts (Ss. 736.0501-736.0507) › 736.0506 - Overdue distribution.

736.0506 Overdue distribution.—
(1) As used in this section, the term “mandatory distribution” means a distribution of income or principal the trustee is required to make to a beneficiary under the terms of the trust, including a distribution on termination of the trust. The term does not include a distribution subject to the exercise of the trustee’s discretion, even if:
(a) The discretion is expressed in the form of a standard of distribution; or
(b) The terms of the trust authorizing a distribution couple language of discretion with language of direction.
(2) A creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution upon termination of the trust, if the trustee has not made the distribution to the beneficiary within a reasonable time after the designated distribution date, whether or not a trust contains a spendthrift provision.
History.—s. 5, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part V - Creditors’ Claims; Spendthrift and Discretionary Trusts (Ss. 736.0501-736.0507) › 736.0507 - Personal obligations of trustee.

736.0507 Personal obligations of trustee.—Except to the extent of the trustee’s interest in the trust other than as a trustee, trust property is not subject to personal obligations of the trustee, even if the trustee becomes insolvent or bankrupt.
History.—s. 5, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part VI - Revocable Trusts (Ss. 736.0601-736.0604) › 736.0601 - Capacity of settlor of revocable trust.

736.0601 Capacity of settlor of revocable trust.—The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will.
History.—s. 6, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part VI - Revocable Trusts (Ss. 736.0601-736.0604) › 736.0602 - Revocation or amendment of revocable trust.

736.0602 Revocation or amendment of revocable trust.—
(1) Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection does not apply to a trust created under an instrument executed before the effective date of this code.
(2) If a revocable trust is created or funded by more than one settlor:
(a) To the extent the trust consists of community property, the trust may be revoked by either spouse acting alone but may be amended only by joint action of both spouses.
(b) To the extent the trust consists of property other than community property, each settlor may revoke or amend the trust with regard to the portion of the trust property attributable to that settlor’s contribution.
(c) Upon the revocation or amendment of the trust by fewer than all of the settlors, the trustee shall promptly notify the other settlors of the revocation or amendment.
(3) Subject to s. 736.0403(2), the settlor may revoke or amend a revocable trust:
(a) By substantial compliance with a method provided in the terms of the trust; or
(b) If the terms of the trust do not provide a method, by:
1. A later will or codicil that expressly refers to the trust or specifically devises property that would otherwise have passed according to the terms of the trust; or
2. Any other method manifesting clear and convincing evidence of the settlor’s intent.
(4) Upon revocation of a revocable trust, the trustee shall deliver the trust property as the settlor directs.
(5) A settlor’s powers with respect to revocation, amendment, or distribution of trust property may be exercised by an agent under a power of attorney only as authorized by s. 709.2202.
(6) A guardian of the property of the settlor may exercise a settlor’s powers with respect to revocation, amendment, or distribution of trust property only as provided in s. 744.441.
(7) A trustee who does not know that a trust has been revoked or amended is not liable for distributions made and other actions taken on the assumption that the trust had not been amended or revoked.
History.—s. 6, ch. 2006-217; s. 32, ch. 2011-210.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part VI - Revocable Trusts (Ss. 736.0601-736.0604) › 736.0603 - Settlor’s powers; powers of withdrawal.

736.0603 Settlor’s powers; powers of withdrawal.—
(1) While a trust is revocable, the duties of the trustee are owed exclusively to the settlor.
(2) During the period the power may be exercised, the holder of a power of withdrawal has the rights of a settlor of a revocable trust under this section to the extent of the property subject to the power.
(3) Subject to ss. 736.0403(2) and 736.0602(3)(a), the trustee may follow a direction of the settlor that is contrary to the terms of the trust while a trust is revocable.
History.—s. 6, ch. 2006-217; s. 6, ch. 2021-183.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part VI - Revocable Trusts (Ss. 736.0601-736.0604) › 736.0604 - Limitation on action contesting validity of revocable trust.

736.0604 Limitation on action contesting validity of revocable trust.—An action to contest the validity of a trust that was revocable at the settlor’s death is barred, if not commenced within the earlier of:
(1) The time as provided in chapter 95; or
(2) Six months after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust’s existence, of the trustee’s name and address, and of the time allowed for commencing a proceeding.
History.—s. 6, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part VII - Office of Trustee (Ss. 736.0701-736.0709) › 736.0701 - Accepting or declining trusteeship.

736.0701 Accepting or declining trusteeship.—
(1) Except as otherwise provided in subsection (3), a person designated as trustee accepts the trusteeship:
(a) By substantially complying with a method of acceptance provided in the terms of the trust; or
(b) If the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee, or otherwise indicating acceptance of the trusteeship.
(2) A person designated as trustee who has not accepted the trusteeship may decline the trusteeship. A designated trustee who does not accept the trusteeship within a reasonable time after knowing of the designation is deemed to have declined the trusteeship.
(3) A person designated as trustee may, without accepting the trusteeship:
(a) Act to preserve the trust property if, within a reasonable time after acting, the person sends to a qualified beneficiary a written statement declining the trusteeship.
(b) Inspect or investigate trust property to determine potential liability under environmental or other law or for any other purpose.
History.—s. 7, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part VII - Office of Trustee (Ss. 736.0701-736.0709) › 736.0702 - Trustee’s bond.

736.0702 Trustee’s bond.—
(1) A trustee shall give bond to secure performance of the trustee’s duties only if the court finds that a bond is needed to protect the interests of the beneficiaries or is required by the terms of the trust and the court has not dispensed with the requirement.
(2) The court may specify the amount of a bond, the trustee’s liabilities under the bond, and whether sureties are necessary. The court may modify or terminate a bond at any time.
History.—s. 7, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part VII - Office of Trustee (Ss. 736.0701-736.0709) › 736.0703 - Cotrustees.

736.0703 Cotrustees.—
(1) Cotrustees who are unable to reach a unanimous decision may act by majority decision.
(2) If a vacancy occurs in a cotrusteeship, the remaining cotrustees or a majority of the remaining cotrustees may act for the trust.
(3) Subject to s. 736.1412, relating to the allocation of powers among cotrustees, requirements for excluded cotrustees to act as a directed trustee, and liability and related obligations of directing cotrustees, a cotrustee must participate in the performance of a trustee’s function unless the cotrustee is unavailable to perform the function because of absence, illness, disqualification under other provision of law, or other temporary incapacity or the cotrustee has properly delegated the performance of the function to another cotrustee.
(4) If a cotrustee is unavailable to perform duties because of absence, illness, disqualification under other law, or other temporary incapacity, and prompt action is necessary to achieve the purposes of the trust or to avoid injury to the trust property, the remaining cotrustee or a majority of the remaining cotrustees may act for the trust.
(5) A cotrustee may not delegate to another cotrustee the performance of a function the settlor reasonably expected the cotrustees to perform jointly, except that a cotrustee may delegate investment functions to a cotrustee pursuant to and in compliance with s. 518.112. A cotrustee may revoke a delegation previously made.
(6) Except as otherwise provided in subsection (7), a cotrustee who does not join in an action of another cotrustee is not liable for the action.
(7) Except as otherwise provided in s. 736.1412, relating to the allocation of powers among cotrustees, requirements for excluded cotrustees to act as a directed trustee, and liability and related obligations of directing cotrustees, each cotrustee shall exercise reasonable care to:
(a) Prevent a cotrustee from committing a breach of trust.
(b) Compel a cotrustee to redress a breach of trust.
(8) A dissenting cotrustee who joins in an action at the direction of the majority of the cotrustees and who notifies any cotrustee of the dissent at or before the time of the action is not liable for the action.
History.—s. 7, ch. 2006-217; s. 1, ch. 2008-76; s. 5, ch. 2009-117; s. 1, ch. 2014-115; s. 7, ch. 2021-183.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part VII - Office of Trustee (Ss. 736.0701-736.0709) › 736.0704 - Vacancy in trusteeship; appointment of successor.

736.0704 Vacancy in trusteeship; appointment of successor.—
(1) A vacancy in a trusteeship occurs if:
(a) A person designated as trustee declines the trusteeship;
(b) A person designated as trustee cannot be identified or does not exist;
(c) A trustee resigns;
(d) A trustee is disqualified or removed;
(e) A trustee dies; or
(f) A trustee is adjudicated to be incapacitated.
(2) If one or more cotrustees remain in office, a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship must be filled if the trust has no remaining trustee.
(3) A vacancy in a trusteeship of a noncharitable trust that is required to be filled must be filled in the following order of priority:
(a) By a person named or designated pursuant to the terms of the trust to act as successor trustee.
(b) By a person appointed by unanimous agreement of the qualified beneficiaries.
(c) By a person appointed by the court.
(4) A vacancy in a trusteeship of a charitable trust that is required to be filled must be filled in the following order of priority:
(a) By a person named or designated pursuant to the terms of the trust to act as successor trustee.
(b) By a person selected by unanimous agreement of the charitable organizations expressly designated to receive distributions under the terms of the trust.
(c) By a person appointed by the court.
(5) The court may appoint an additional trustee or special fiduciary whenever the court considers the appointment necessary for the administration of the trust, whether or not a vacancy in a trusteeship exists or is required to be filled.
History.—s. 7, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part VII - Office of Trustee (Ss. 736.0701-736.0709) › 736.0705 - Resignation of trustee.

736.0705 Resignation of trustee.—
(1) A trustee may resign in accordance with the procedure set forth in the trust instrument and upon notice to the cotrustees or, if none, to the successor trustee who has accepted the appointment, or, if none, to the person or persons who have the authority to appoint a successor trustee. Notwithstanding any provision of the terms of the trust, a trustee may also resign:
(a) Upon at least 30 days’ notice to the qualified beneficiaries, the settlor, if living, and all cotrustees; or
(b) With the approval of the court.
(2) In approving a resignation, the court may issue orders and impose conditions reasonably necessary for the protection of the trust property.
(3) Any liability of a resigning trustee or of any sureties on the trustee’s bond for acts or omissions of the trustee is not discharged or affected by the trustee’s resignation.
History.—s. 7, ch. 2006-217; s. 3, ch. 2022-101.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part VII - Office of Trustee (Ss. 736.0701-736.0709) › 736.0706 - Removal of trustee.

736.0706 Removal of trustee.—
(1) The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on the court’s own initiative.
(2) The court may remove a trustee if:
(a) The trustee has committed a serious breach of trust;
(b) The lack of cooperation among cotrustees substantially impairs the administration of the trust;
(c) Due to the unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries; or
(d) There has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries, the court finds that removal of the trustee best serves the interests of all of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available.
(3) Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief under s. 736.1001(2) as may be necessary to protect the trust property or the interests of the beneficiaries.
History.—s. 7, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part VII - Office of Trustee (Ss. 736.0701-736.0709) › 736.0707 - Delivery of property by former trustee.

736.0707 Delivery of property by former trustee.—
(1) Unless a cotrustee remains in office or the court otherwise orders and until the trust property is delivered to a successor trustee or other person entitled to the property, a trustee who has resigned or been removed has the duties of a trustee and the powers necessary to protect the trust property.
(2) A trustee who has resigned or been removed shall within a reasonable time deliver the trust property within the trustee’s possession to the cotrustee, successor trustee, or other person entitled to the property, subject to the right of the trustee to retain a reasonable reserve for the payment of debts, expenses, and taxes. The provisions of this subsection are in addition to and are not in derogation of the rights of a removed or resigning trustee under the common law.
History.—s. 7, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part VII - Office of Trustee (Ss. 736.0701-736.0709) › 736.0709 - Reimbursement of expenses.

736.0709 Reimbursement of expenses.—
(1) A trustee is entitled to be reimbursed out of the trust property, with interest as appropriate, for reasonable expenses that were properly incurred in the administration of the trust.
(2) An advance by the trustee of money for the protection of the trust gives rise to a lien against trust property to secure reimbursement with reasonable interest.
History.—s. 7, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part VIII - Duties and Powers of Trustee (Ss. 736.0801-736.0817) › 736.0801 - Duty to administer trust.

736.0801 Duty to administer trust.—Upon acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with this code.
History.—s. 8, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part VIII - Duties and Powers of Trustee (Ss. 736.0801-736.0817) › 736.0803 - Impartiality.

736.0803 Impartiality.—If a trust has two or more beneficiaries, the trustee shall act impartially in administering the trust property, giving due regard to the beneficiaries’ respective interests.
History.—s. 8, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part VIII - Duties and Powers of Trustee (Ss. 736.0801-736.0817) › 736.0804 - Prudent administration.

736.0804 Prudent administration.—A trustee shall administer the trust as a prudent person would, by considering the purposes, terms, distribution requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution.
History.—s. 8, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part VIII - Duties and Powers of Trustee (Ss. 736.0801-736.0817) › 736.0805 - Expenses of administration.

736.0805 Expenses of administration.—In administering a trust, the trustee shall only incur expenses that are reasonable in relation to the trust property, the purposes of the trust, and the skills of the trustee.
History.—s. 8, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part VIII - Duties and Powers of Trustee (Ss. 736.0801-736.0817) › 736.0806 - Trustee’s skills.

736.0806 Trustee’s skills.—A trustee who has special skills or expertise, or is named trustee in reliance on the trustee’s representation that the trustee has special skills or expertise, shall use those special skills or expertise.
History.—s. 8, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part VIII - Duties and Powers of Trustee (Ss. 736.0801-736.0817) › 736.0807 - Delegation by trustee.

736.0807 Delegation by trustee.—
(1) A trustee may delegate duties and powers that a prudent trustee of comparable skills could properly delegate under the circumstances, including investment functions pursuant to s. 518.112. The trustee shall exercise reasonable care, skill, and caution in:
(a) Selecting an agent.
(b) Establishing the scope and terms of the delegation, consistent with the purposes and terms of the trust.
(c) Reviewing the agent’s actions periodically, in order to monitor the agent’s performance and compliance with the terms of the delegation.
(2) In performing a delegated function, an agent owes a duty to the trust to exercise reasonable care to comply with the terms of the delegation.
(3) A trustee who complies with subsection (1) and, when investment functions are delegated, s. 518.112 is not liable to the beneficiaries or to the trust for an action of the agent to whom the function was delegated.
History.—s. 8, ch. 2006-217; s. 6, ch. 2009-117; s. 13, ch. 2013-172.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part VIII - Duties and Powers of Trustee (Ss. 736.0801-736.0817) › 736.0809 - Control and protection of trust property.

736.0809 Control and protection of trust property.—A trustee shall take reasonable steps to take control of and protect the trust property.
History.—s. 8, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part VIII - Duties and Powers of Trustee (Ss. 736.0801-736.0817) › 736.0810 - Recordkeeping and identification of trust property.

736.0810 Recordkeeping and identification of trust property.—
(1) A trustee shall keep clear, distinct, and accurate records of the administration of the trust.
(2) A trustee shall keep trust property separate from the trustee’s own property.
(3) Except as otherwise provided in subsection (4), a trustee shall cause the trust property to be designated so that the interest of the trust, to the extent feasible, appears in records maintained by a party other than a trustee or beneficiary.
(4) If the trustee maintains records clearly indicating the respective interests, a trustee may invest as a whole the property of two or more separate trusts.
History.—s. 8, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part VIII - Duties and Powers of Trustee (Ss. 736.0801-736.0817) › 736.08105 - Duty to ascertain marketable title of trust real property.

736.08105 Duty to ascertain marketable title of trust real property.—A trustee holding title to real property received from a settlor or estate shall not be required to obtain title insurance or proof of marketable title until a marketable title is required for a sale or conveyance of the real property.
History.—s. 8, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part VIII - Duties and Powers of Trustee (Ss. 736.0801-736.0817) › 736.0811 - Enforcement and defense of claims.

736.0811 Enforcement and defense of claims.—A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust.
History.—s. 8, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part VIII - Duties and Powers of Trustee (Ss. 736.0801-736.0817) › 736.0812 - Collecting trust property.

736.0812 Collecting trust property.—A trustee shall take reasonable steps to compel a former trustee or other person to deliver trust property to the trustee and, except as provided in s. 736.08125, to redress a breach of trust known to the trustee to have been committed by a former trustee.
History.—s. 8, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part VIII - Duties and Powers of Trustee (Ss. 736.0801-736.0817) › 736.08125 - Protection of successor trustees.

736.08125 Protection of successor trustees.—
(1) A successor trustee is not personally liable for actions taken by any prior trustee, nor does any successor trustee have a duty to institute any proceeding against any prior trustee, or file any claim against any prior trustee’s estate, for any of the prior trustee’s actions as trustee under any of the following circumstances:
(a) As to a successor trustee who succeeds a trustee who was also the settlor of a trust that was revocable during the time that the settlor served as trustee;
(b) As to any beneficiary who has waived any accounting required by s. 736.0813, but only as to the periods included in the waiver;
(c) As to any beneficiary who has released the successor trustee from the duty to institute any proceeding or file any claim;
(d) As to any person who is not an eligible beneficiary; or
(e) As to any eligible beneficiary:
1. If a super majority of the eligible beneficiaries have released the successor trustee;
2. If the eligible beneficiary has not delivered a written request to the successor trustee to institute an action or file a claim against the prior trustee within 6 months after the date of the successor trustee’s acceptance of the trust, if the successor trustee has notified the eligible beneficiary in writing of acceptance by the successor trustee in accordance with s. 736.0813(1)(a) and that writing advises the beneficiary that, unless the beneficiary delivers the written request within 6 months after the date of acceptance, the right to proceed against the successor trustee will be barred pursuant to this section; or
3. For any action or claim that the eligible beneficiary is barred from bringing against the prior trustee.
(2) For the purposes of this section, the term:
(a) “Eligible beneficiaries” means:
1. At the time the determination is made, if there are one or more beneficiaries as described in s. 736.0103(19)(c), the beneficiaries described in s. 736.0103(19)(a) and (c); or
2. If there is no beneficiary as described in s. 736.0103(19)(c), the beneficiaries described in s. 736.0103(19)(a) and (b).
(b) “Super majority of eligible beneficiaries” means at least two-thirds in interest of the eligible beneficiaries if the interests of the eligible beneficiaries are reasonably ascertainable, otherwise, at least two-thirds in number of the eligible beneficiaries.
(3) Nothing in this section affects any liability of the prior trustee or the right of the successor trustee or any beneficiary to pursue an action or claim against the prior trustee.
History.—s. 8, ch. 2006-217; s. 19, ch. 2013-172; s. 42, ch. 2021-183.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part VIII - Duties and Powers of Trustee (Ss. 736.0801-736.0817) › 736.0814 - Discretionary powers; tax savings.

736.0814 Discretionary powers; tax savings.—
(1) Notwithstanding the breadth of discretion granted to a trustee in the terms of the trust, including the use of such terms as “absolute,” “sole,” or “uncontrolled,” the trustee shall exercise a discretionary power in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries. A court shall not determine that a trustee abused its discretion merely because the court would have exercised the discretion in a different manner or would not have exercised the discretion.
(2) Subject to subsection (3) and unless the terms of the trust expressly indicate that a rule in this subsection does not apply, a person who is a beneficiary and a trustee may not:
(a) Make discretionary distributions of either principal or income to or for the benefit of that trustee, except to provide for that trustee’s health, education, maintenance, or support as described under ss. 2041 and 2514 of the Internal Revenue Code;
(b) Make discretionary allocations of receipts or expenses as between principal and income, unless the trustee acts in a fiduciary capacity whereby the trustee has no power to enlarge or shift any beneficial interest except as an incidental consequence of the discharge of the trustee’s fiduciary duties;
(c) Make discretionary distributions of either principal or income to satisfy any of the trustee’s legal support obligations; or
(d) Exercise any other power, including, but not limited to, the right to remove or to replace any trustee, so as to cause the powers enumerated in paragraph (a), paragraph (b), or paragraph (c) to be exercised on behalf of, or for the benefit of, a beneficiary who is also a trustee.
(3) Subsection (2) does not apply to:
(a) A power held by the settlor of the trust;
(b) A power held by the settlor’s spouse who is the trustee of a trust for which a marital deduction, as defined in s. 2056(a) or s. 2523(a) of the Internal Revenue Code of 1986, as amended, was previously allowed;
(c) Any trust during any period that the trust may be revoked or amended by its settlor; or
(d) A trust if contributions to the trust qualify for the annual exclusion under s. 2503(c) of the Internal Revenue Code of 1986, as amended.
(4) A power whose exercise is limited or prohibited by subsection (2) may be exercised by the remaining trustees whose exercise of the power is not so limited or prohibited. If there is no trustee qualified to exercise the power, on petition by any qualified beneficiary, the court may appoint an independent trustee with authority to exercise the power.
(5) A person who has the right to remove or to replace a trustee does not possess nor may that person be deemed to possess, by virtue of having that right, the powers of the trustee that is subject to removal or to replacement.
History.—s. 8, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part VIII - Duties and Powers of Trustee (Ss. 736.0801-736.0817) › 736.08147 - Duty to distribute trust income.

736.08147 Duty to distribute trust income.—If a will or trust instrument granting income to the settlor’s or testator’s spouse for life is silent as to the time of distribution of income and the frequency of distributions, the trustee shall distribute all net income, as defined in chapter 738, to the spouse no less frequently than annually. This provision shall apply to any trust established before, on, or after July 1, 2007, unless the trust instrument expressly directs or permits net income to be distributed less frequently than annually.
History.—s. 8, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part VIII - Duties and Powers of Trustee (Ss. 736.0801-736.0817) › 736.0815 - General powers of trustee.

736.0815 General powers of trustee.—
(1) A trustee, without authorization by the court, may, except as limited or restricted by this code, exercise:
(a) Powers conferred by the terms of the trust.
(b) Except as limited by the terms of the trust:
1. All powers over the trust property that an unmarried competent owner has over individually owned property.
2. Any other powers appropriate to achieve the proper investment, management, and distribution of the trust property.
3. Any other powers conferred by this code.
(2) The exercise of a power is subject to the fiduciary duties prescribed by this code.
History.—s. 8, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part VIII - Duties and Powers of Trustee (Ss. 736.0801-736.0817) › 736.08165 - Administration pending outcome of contest or other proceeding.

736.08165 Administration pending outcome of contest or other proceeding.—
(1) Pending the outcome of a proceeding filed to determine the validity of all or part of a trust or the beneficiaries of all or part of a trust, the trustee shall proceed with the administration of the trust as if no proceeding had been commenced, except no action may be taken and no distribution may be made to a beneficiary in contravention of the rights of those persons who may be affected by the outcome of the proceeding.
(2) Upon motion of a party and after notice to interested persons, a court, on good cause shown, may make an exception to the prohibition under subsection (1) and authorize the trustee to act or to distribute trust assets to a beneficiary subject to any conditions the court, in the court’s discretion, may impose, including the posting of bond by the beneficiary.
History.—s. 8, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part VIII - Duties and Powers of Trustee (Ss. 736.0801-736.0817) › 736.0817 - Distribution on termination.

736.0817 Distribution on termination.—Upon the occurrence of an event terminating or partially terminating a trust, the trustee shall proceed expeditiously to distribute the trust property to the persons entitled to the property, subject to the right of the trustee to retain a reasonable reserve for the payment of debts, expenses, and taxes. The provisions of this section are in addition to and are not in derogation of the rights of a trustee under the common law with respect to final distribution of a trust.
History.—s. 8, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part IX - Trust Investments (Ss. 736.0901, 736.0902) › 736.0901 - Applicability of chapter 518.

736.0901 Applicability of chapter 518.—A trustee shall invest trust property in accordance with chapter 518.
History.—s. 9, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part X - Liability of Trustee and Rights of Persons Dealing With Trustee (Ss. 736.1001-736.1018) › 736.1001 - Remedies for breach of trust.

736.1001 Remedies for breach of trust.—
(1) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.
(2) To remedy a breach of trust that has occurred or may occur, the court may:
(a) Compel the trustee to perform the trustee’s duties;
(b) Enjoin the trustee from committing a breach of trust;
(c) Compel the trustee to redress a breach of trust by paying money or restoring property or by other means;
(d) Order a trustee to account;
(e) Appoint a special fiduciary to take possession of the trust property and administer the trust;
(f) Suspend the trustee;
(g) Remove the trustee as provided in s. 736.0706;
(h) Reduce or deny compensation to the trustee;
(i) Subject to s. 736.1016, void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds; or
(j) Order any other appropriate relief.
(3) As an illustration of the remedies available to the court and without limiting the court’s discretion as provided in subsection (2), if a breach of trust results in the favoring of any beneficiary to the detriment of any other beneficiary or consists of an abuse of the trustee’s discretion:
(a) To the extent the breach of trust has resulted in no distribution to a beneficiary or a distribution that is too small, the court may require the trustee to pay from the trust to the beneficiary an amount the court determines will restore the beneficiary, in whole or in part, to his or her appropriate position.
(b) To the extent the breach of trust has resulted in a distribution to a beneficiary that is too large, the court may restore the beneficiaries, the trust, or both, in whole or in part, to their appropriate positions by requiring the trustee to withhold an amount from one or more future distributions to the beneficiary who received the distribution that was too large or by requiring that beneficiary to return some or all of the distribution to the trust.
History.—s. 10, ch. 2006-217; s. 147, ch. 2007-5; s. 19, ch. 2007-153.