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)

Part II: JUDICIAL PROCEEDINGS (ss. 736.0201-736.0207)

Part III: REPRESENTATION (ss. 736.0301-736.0306)

Part IV: CREATION, VALIDITY, MODIFICATION, AND TERMINATION (ss. 736.0401-736.0417)

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.

  • 736.0507 Personal obligations of trustee.

Part VI: REVOCABLE TRUSTS (ss. 736.0601-736.0604)

Part VII: OFFICE OF TRUSTEE (ss. 736.0701-736.0709)

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.

  • 736.0811 Enforcement and defense of claims.

  • 736.0812 Collecting trust property.

  • 736.08125 Protection of successor trustees.

  • 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.

  • 736.1003 Damages in absence of breach.

  • 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.

  • 736.1108 Penalty clause for contest.

  • 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)

  • 736.1401 Short title.

  • 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)

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

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Fla. Stat. § 736.1509 - Commentary to Florida Trust Code