How “Directed Trust” is Defined - Commentary to Florida Trust Code

Legal Commentary on the Definition of “Directed Trust”

Fla. Stat. § 736.0103(6) defines the term “directed trust.” The text of the subsection reads:

“Directed trust” means a trust for which the terms of the trust grant a power of direction.

Thus, if the terms of the trust grant any non-trustee a power of direction, then the trust is considered to be a directed trust. Directed trusts are governed by Part 14 of the Florida Trust Code.

History of the Definition of “Directed Trust”

Un 2021, Fla. Stat. § 736.0103 was amended to complement the Florida Uniform Directed Trust Act, which was added to the Florida Trust Code that same year. At that point, paragraph 6 of Fla. Stat. § 736.0103 was amended to define “directed trust,” a term of great importance to the Florida Uniform Directed Trust Act.

This definition for “directed trust” was taken from § 2(2) of the Uniform Directed Trust Act.

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