736.1512 – Unenforceable trusts.
736.1512 Unenforceable trusts.— (1) A community property trust executed during marriage is not enforceable if the spouse against whom enforcement is sought proves that: (a) The trust was unconscionable when made; (b) The spouse against whom enforcement is sought did not execute the community property trust agreement voluntarily; (c) The community property trust agreement was the product of fraud, duress, […]
736.1501 – Short title.
736.1501 Short title.—This part may be cited as the “Community Property Trust Act.” History.—s. 29, ch. 2021-183.
736.1303 – Application to existing relationships.
736.1303 Application to existing relationships.— (1) Except as otherwise provided in this code, on July 1, 2007: (a) This code applies to all trusts created before, on, or after such date. (b) This code applies to all judicial proceedings concerning trusts commenced on or after such date. (c) This code applies to judicial proceedings concerning trusts commenced before such date, […]
736.1401 – Short title.
736.1401 Short title.—This part may be cited as the “Florida Uniform Directed Trust Act.” History.—s. 14, ch. 2021-183.
736.1403 – Application; principal place of administration.
736.1403 Application; principal place of administration.— (1) This part applies to a trust subject to this chapter, whenever created, that has its principal place of administration in the state, subject to the following rules: (a) If the trust was created before July 1, 2021, this part applies only to a decision or action occurring on or after July […]
736.1405 – Exclusions.
736.1405 Exclusions.— (1) As used in this section, the term “power of appointment” means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property. (2) Unless the terms of a trust expressly provide otherwise by specific reference to this part, […]
736.1406 – Power of trust director.
736.1406 Power of trust director.— (1) Subject to s. 736.1407, relating to trust directors being subject to the same rules as a trustee regarding Social Security Act reimbursement requirements and charitable trust instruments, the terms of a trust may grant a power of direction to a trust director. (2) A power of direction includes only those powers granted […]
736.1407 – Limitations on trust director.
736.1407 Limitations on trust director.—A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under s. 736.1406(3)(a), relating to additional power granted to a trust director in furtherance of an express power of […]
736.1408 – Duty and liability of trust director.
736.1408 Duty and liability of trust director.— (1) Subject to subsection (2), with respect to a power of direction or further power under s. 736.1406(3)(a), relating to additional power granted to a trust director in furtherance of an express power of direction: (a) A trust director has the same fiduciary duty and liability in the exercise or nonexercise […]
736.1409 – Duty and liability of directed trustee.
736.1409 Duty and liability of directed trustee.— (1) Subject to subsection (2), a directed trustee shall take reasonable action to comply with a trust director’s exercise or nonexercise of a power of direction or further power under s. 736.1406(3)(a), relating to additional power granted to a trust director in furtherance of an express power of direction, and […]