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

Legal Commentary on the Definition of “Trustee”

Fla. Stat. § 736.0103(27) defines the term “trustee.” The text of the subsection reads:

“Trustee” means the original trustee and includes any additional trustee, any successor trustee, and any cotrustee.

The term is defined broadly enough to encompass an initial trustee, any successor trustees, and any co-trustees. Thus, all rights and responsibilities of trustees apply to all trustees, unless a different intent is apparent in the context of a specific portion of the Florida Trust Code. The definition does not, however, include a trust director.

History of the Definition of “Trustee”

The term “trustee” has been consistently defined since the Florida Trust Code took effect in 2007. However, the placement of the definition within § 736.0103 has changed multiple times since the Code became law. For example, in 2007, the term was found in Fla. Stat. § 736.0103(21).

The definition of “trustee” was taken verbatim from 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.