Fla. Stat. § 736.0101
Short title
This chapter may be cited as the “Florida Trust Code” and for purposes of this chapter is referred to as the “code.”
Florida Statutes Chapter 736 — FLORIDA TRUST CODE
Florida · statute · Fla. Stat. ch. 736 · 162 active provisions
Fla. Stat. § 736.0102
Scope
(1) Except as otherwise provided in this section, this code applies to express trusts, charitable or noncharitable, and trusts created pursuant to a law, judgment, or decree that requires the trust to be administered in the manner of an express trust.(2) This code does not apply to constructive or resulting trusts; con…
Fla. Stat. § 736.0103
Definitions
Unless the context otherwise requires, in this code:(1) “Action,” with respect to an act of a trustee, includes a failure to act.(2) “Affiliate” means any person or entity that directly or indirectly through one or more intermediaries owns or controls, is owned or controlled by, or is under common control or ownership…
Fla. Stat. § 736.0104
Knowledge
(1) Subject to subsection (2), a person has knowledge of a fact if the person:(a) Has actual knowledge of the fact;(b) Has received a notice or notification of the fact; or(c) Has reason to know the fact from all the other facts and circumstances known to the person at the time in question.(2) An organization that cond…
Fla. Stat. § 736.0105
Default and mandatory rules
(1) Except as otherwise provided in the terms of the trust, this code governs the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary.(2) The terms of a trust prevail over any provision of this code except:(a) The requirements for creating a trust.(b) Subject to s. 73…
Fla. Stat. § 736.0106
Common law of trusts; principles of equity
The common law of trusts and principles of equity supplement this code, except to the extent modified by this code or another law of this state, including, but not limited to, s. 736.0110(3).
Fla. Stat. § 736.0107
Governing law
The meaning and effect of the terms of a trust are determined by:(1) The law of the jurisdiction designated in the terms of the trust, provided there is a sufficient nexus to the designated jurisdiction at the time of the creation of the trust or during the trust administration, including, but not limited to, the locat…
Fla. Stat. § 736.0108
Principal place of administration
(1) Terms of a trust designating the principal place of administration of the trust are valid only if there is a sufficient connection with the designated jurisdiction. Without precluding other means for establishing a sufficient connection, terms of a trust designating the principal place of administration are valid a…
Fla. Stat. § 736.0109
Methods and waiver of notice
(1) Notice to a person under this code or the sending of a document to a person under this code must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of notice or for sending a document include first-class mail, person…
Fla. Stat. § 736.0110
Others treated as qualified beneficiaries
(1) A charitable organization expressly designated to receive distributions under the terms of a charitable trust has the rights of a qualified beneficiary under this code if the charitable organization, on the date the charitable organization’s qualification is being determined:(a) Is a distributee or permissible dist…
Fla. Stat. § 736.0111
Nonjudicial settlement agreements
(1) For purposes of this section, the term “interested persons” means persons whose interest would be affected by a settlement agreement.(2) Except as otherwise provided in subsection (3), interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust.(3) A non…
Fla. Stat. § 736.0112
Qualification of foreign trustee
Unless otherwise doing business in this state, local qualification by a foreign trustee is not required for the trustee to receive distribution from a local estate. Nothing in this chapter shall affect the provisions of s. 660.41.
Fla. Stat. § 736.0201
Role of court in trust proceedings
(1) Except as provided in subsections (5), (6), and (7) and s. 736.0206, judicial proceedings concerning trusts shall be commenced by filing a complaint and shall be governed by the Florida Rules of Civil Procedure.(2) The court may intervene in the administration of a trust to the extent the court’s jurisdiction is in…
Fla. Stat. § 736.0202
Jurisdiction over trustee and beneficiary
(1) IN REM JURISDICTION.—Any beneficiary of a trust having its principal place of administration in this state is subject to the jurisdiction of the courts of this state to the extent of the beneficiary’s interest in the trust.(2) PERSONAL JURISDICTION.—(a) Any trustee, trust beneficiary, or other person, whether or no…
Fla. Stat. § 736.02025
Service of process
(1) Except as otherwise provided in this section, service of process upon any person may be made as provided in chapter 48.(2) Where only in rem or quasi in rem relief is sought against a person in a matter involving a trust, service of process on that person may be made by sending a copy of the summons and complaint b…
Fla. Stat. § 736.0203
Subject matter jurisdiction
The circuit court has original jurisdiction in this state of all proceedings arising under this code.
Fla. Stat. § 736.0204
Venue
Venue for actions and proceedings concerning trusts, including those under s. 736.0201, may be laid in:(1) Any county where the venue is proper under chapter 47;(2) Any county where the beneficiary suing or being sued resides or has its principal place of business; or(3) The county where the trust has its principal pla…
Fla. Stat. § 736.0206
Proceedings for review of employment of agents and review of compensation of trustee and employees of trust
(1) The court may review the propriety of the employment by a trustee of any person, including any attorney, auditor, investment adviser, or other specialized agent or assistant, and the reasonableness of any compensation paid to that person or to the trustee.(2) If the settlor’s estate is being probated, and the settl…
Fla. Stat. § 736.0207
Trust contests
(1) In an action to contest the validity or revocation of all or part of a trust, the contestant has the burden of establishing the grounds for invalidity.(2) An action to contest the validity of all or part of a revocable trust, or the revocation of part of a revocable trust, may not be commenced until the trust becom…
Fla. Stat. § 736.0301
Representation; basic effect
(1) Notice, information, accountings, or reports given to a person who may represent and bind another person under this part may serve as a substitute for and have the same effect as notice, information, accountings, or reports given directly to the other person.(2) Actions taken by a person who represents the interest…
Fla. Stat. § 736.0302
Representation by holder of power of appointment
(1) The holder of a power of appointment may represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subject to the power.(2) The takers in default of the exercise of a power of appointment may represent and bind persons whose interests, as permissible appointees, are…
Fla. Stat. § 736.0303
Representation by fiduciaries and parents
To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute:(1) A guardian of the property may represent and bind the estate that the guardian of the property controls.(2) An agent having authority…
Fla. Stat. § 736.0304
Representation by person having substantially identical interest
Unless otherwise represented, a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by another person having a substantially identical interest with respect to the particular question or dispute, but only to the…
Fla. Stat. § 736.0305
Appointment of representative
(1) If the court determines that an interest is not represented under this part, or that the otherwise available representation might be inadequate, the court may appoint a representative to receive notice, give consent, and otherwise represent, bind, and act on behalf of a minor, incapacitated, or unborn individual, o…
Fla. Stat. § 736.0306
Designated representative
(1) If specifically nominated in the trust instrument, one or more persons may be designated to represent and bind a beneficiary and receive any notice, information, accounting, or report. The trust instrument may also authorize any person or persons, other than a trustee of the trust, to designate one or more persons…
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