How “Ascertainable Standard” is Defined - Commentary to Florida Trust Code

Legal Commentary on the Definition of “Ascertainable Standard”

Fla. Stat. § 736.0103(3) defines the term “ascertainable standard.” The text of the subsection reads:

“Ascertainable standard” means a standard relating to an individual’s health, education, support, or maintenance within the meaning of s. 2041(b)(1)(A) or s. 2514(c)(1) of the Internal Revenue Code of 1986, as amended.

In both of the cited sections of the Internal Revenue Code, the term “ascertainable standard” is used to describe a scenario in which someone’s power is “limited” by an ascertainable standard relating to health, education, support, or maintenance. Thus, an ascertainable standard is a limitation. Often an ascertainable standard is used to limit what trust distributions are allowed under a trust’s terms. For example, one such standard might be, “The trustee shall distribute as needed for the beneficiary’s health, education, maintenance, and support.”

History of the Definition of “Ascertainable Standard”

The term “ascertainable standard” has been consistently defined since the Florida Trust Code took effect in 2007.

The definition was taken from § 103(2) of the Uniform Trust Code.

This article is part of the PTM Legal Commentary to the Florida Trust Code. Click here to navigate through the entire commentary.