PTM Legal Commentary to Florida Trust Code
I have (foolishly) made it my goal to provide legal commentary for the entire Florida Trust Code. So far as I am aware, no such commentary has been made available to the public free of charge. I aim to remedy that.
As I add commentary to section of the code, I will link to that section below. This commentary is a work in progress, so please be patient as I expand it over time.
Part I: GENERAL PROVISIONS AND DEFINITIONS (ss. 736.0101-736.0112)
736.0105 Default and mandatory rules.
736.0107 Governing law.
736.0108 Principal place of administration.
736.0110 Others treated as qualified beneficiaries.
Part II: JUDICIAL PROCEEDINGS (ss. 736.0201-736.0207)
736.0201 Role of court in trust proceedings.
736.02025 Service of process.
736.0204 Venue.
736.0206 Proceedings for review of employment of agents and review of compensation of trustee and employees of trust.
736.0207 Trust contests.
Part III: REPRESENTATION (ss. 736.0301-736.0306)
Part IV: CREATION, VALIDITY, MODIFICATION, AND TERMINATION (ss. 736.0401-736.0417)
736.0401 Methods of creating trust.
736.0402 Requirements for creation.
736.0403 Trusts created in other jurisdictions; formalities required for revocable trusts.
736.0405 Charitable purposes; enforcement.
736.0406 Effect of fraud, duress, mistake, or undue influence.
736.0408 Trust for care of an animal.
736.0409 Noncharitable trust without ascertainable beneficiary.
736.0410 Modification or termination of trust; proceedings for disapproval of nonjudicial acts.
736.04114 Limited judicial construction of irrevocable trust with federal tax provisions.
736.04117 Trustee’s power to invade principal in trust.
736.0413 Cy pres.
736.0414 Modification or termination of uneconomic trust.
736.0416 Modification to achieve settlor’s tax objectives.
736.0417 Combination and division of trusts.
Part V: CREDITORS’ CLAIMS; SPENDTHRIFT AND DISCRETIONARY TRUSTS (ss. 736.0501-736.0507)
736.0501 Rights of beneficiary’s creditor or assignee.
736.0502 Spendthrift provision.
736.0503 Exceptions to spendthrift provision.
736.0504 Discretionary trusts; effect of standard.
736.0505 Creditors’ claims against settlor.
736.05053 Trustee’s duty to pay expenses and obligations of settlor’s estate.
736.05055 Notice of trust.
736.0506 Overdue distribution.
Part VI: REVOCABLE TRUSTS (ss. 736.0601-736.0604)
736.0603 Settlor’s powers; powers of withdrawal.
736.0604 Limitation on action contesting validity of revocable trust.
Part VII: OFFICE OF TRUSTEE (ss. 736.0701-736.0709)
736.0701 Accepting or declining trusteeship.
736.0702 Trustee’s bond.
736.0703 Cotrustees.
736.0706 Removal of trustee.
736.0708 Compensation of trustee.
Part VIII: DUTIES AND POWERS OF TRUSTEE (ss. 736.0801-736.0817)
736.0801 Duty to administer trust.
736.0802 Duty of loyalty.
736.0803 Impartiality.
736.0804 Prudent administration.
736.0805 Expenses of administration.
736.0806 Trustee’s skills.
736.0807 Delegation by trustee.
736.0809 Control and protection of trust property.
736.0810 Recordkeeping and identification of trust property.
736.08105 Duty to ascertain marketable title of trust real property.
736.0812 Collecting trust property.
736.0813 Duty to inform and account.
736.08135 Trust accountings.
736.0814 Discretionary powers; tax savings.
736.08145 Grantor trust reimbursement.
736.08147 Duty to distribute trust income.
736.0815 General powers of trustee.
736.0816 Specific powers of trustee.
736.08163 Powers of trustees relating to environmental or human health laws or to trust property contaminated with hazardous or toxic substances; liability.
736.08165 Administration pending outcome of contest or other proceeding.
736.0817 Distribution on termination.
Part IX: TRUST INVESTMENTS (ss. 736.0901, 736.0902)
736.0901 Applicability of chapter 518.
736.0902 Nonapplication of prudent investor rule.
Part X: LIABILITY OF TRUSTEE AND RIGHTS OF PERSONS DEALING WITH TRUSTEE (ss. 736.1001-736.1018)
736.1001 Remedies for breach of trust.
736.1002 Damages for breach of trust.
736.1004 Attorney’s fees and costs.
736.1005 Attorney fees for services to the trust.
736.1006 Costs in trust proceedings.
736.1007 Trustee’s attorney fees.
736.1008 Limitations on proceedings against trustees.
736.1009 Reliance on trust instrument.
736.1010 Event affecting administration or distribution.
736.1011 Exculpation of trustee.
736.1012 Beneficiary’s consent, release, or ratification.
736.1013 Limitation on personal liability of trustee.
736.1014 Limitations on actions against certain trusts.
736.1015 Interest as general partner.
736.1016 Protection of person dealing with trustee.
736.1017 Certification of trust.
736.1018 Improper distribution or payment; liability of distributee.
Part XI: RULES OF CONSTRUCTION (ss. 736.1101-736.1109)
736.1101 Rules of construction; general provisions.
736.1102 Construction of terms.
736.1103 Gifts to multigeneration classes to be per stirpes.
736.1104 Person not entitled to receive property or other benefits by reason of victim’s death.
736.1105 Effect of subsequent marriage, birth, adoption, or dissolution of marriage.
736.1106 Antilapse; survivorship with respect to future interests under terms of inter vivos and testamentary trusts; substitute takers.
736.1107 Change in securities; accessions; nonademption.
736.1109 Testamentary and revocable trusts; homestead protections.
Part XII: CHARITABLE TRUSTS (ss. 736.1201-736.1211)
736.1201 Definitions.
736.1202 Application of this part.
736.1203 Trustee of a private foundation trust or a split interest trust.
736.1204 Powers and duties of trustee of a private foundation trust or a split interest trust.
736.1205 Notice that this part does not apply.
736.1206 Power to amend trust instrument.
736.1207 Power of court to permit deviation.
736.1208 Release; property and persons affected; manner of effecting.
736.1209 Election to come under this part.
736.1210 Interpretation.
736.1211 Protections afforded to certain charitable trusts and organizations.
Part XIII: MISCELLANEOUS (ss. 736.1301-736.1303)
Part XIV: FLORIDA UNIFORM DIRECTED TRUST ACT (ss. 736.1401-736.1416)
736.1403 Application; principal place of administration.
736.1405 Exclusions.
736.1406 Power of trust director.
736.1407 Limitations on trust director.
736.1408 Duty and liability of trust director.
736.1409 Duty and liability of directed trustee.
736.141 Duty to provide information.
736.1411 No duty to monitor, inform, or advise.
736.1412 Application to cotrustee.
736.1413 Limitation of action against trust director.
736.1414 Defenses in action against trust director.
736.1415 Jurisdiction over trust director.
736.1416 Office of trust director.
Part XV: COMMUNITY PROPERTY TRUST ACT (ss. 736.1501-736.1512)
736.1504 Agreement establishing community property trust; amendments and revocation.
736.1505 Classification of property as community property; enforcement; duration; management and control; effect of distributions.
736.1507 Death of a spouse.
736.1508 Dissolution of marriage.
736.1511 Application of Internal Revenue Code; community property classified by another jurisdiction.
736.1512 Unenforceable trusts.