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 […]
736.1203 – Trustee of a private foundation trust or a split interest trust.
736.1203 Trustee of a private foundation trust or a split interest trust.—Except as provided in s. 736.1205, the trustee of a private foundation trust or a split interest trust has the duties and powers conferred on the trustee by this part. History.—s. 12, ch. 2006-217.
736.1204 – Powers and duties of 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.— (1) In the exercise of a trustee’s powers, including the powers granted by this part, a trustee has a duty to act with due regard to the trustee’s obligation as a fiduciary, including a duty not to exercise any power in […]
736.1016 – Protection of person dealing with trustee.
736.1016 Protection of person dealing with trustee.— (1) A person other than a beneficiary who in good faith assists a trustee or who in good faith and for value deals with a trustee, without knowledge that the trustee is exceeding or improperly exercising the trustee’s powers, is protected from liability as if the trustee properly exercised the […]
736.1205 – Notice that this part does not apply.
736.1205 Notice that this part does not apply.—In the case of a power to make distributions, if the trustee determines that the governing instrument contains provisions that are more restrictive than s. 736.1204(2), or if the trust contains other powers, inconsistent with the provisions of s. 736.1204(3) that specifically direct acts by the trustee, the trustee […]
736.1017 – Certification of trust.
736.1017 Certification of trust.— (1) Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust containing the following information: (a) The trust exists and the date the trust instrument was executed. (b) The identity of the settlor. (c) The identity and address of […]
736.1206 – Power to amend trust instrument.
736.1206 Power to amend trust instrument.— (1) In the case of a trust that is solely for a named charitable organization or organizations and for which the trustee does not possess any discretion concerning the distribution of income or principal among two or more such organizations, the trustee may amend the governing instrument to comply with the […]
736.1018 – Improper distribution or payment; liability of distributee.
736.1018 Improper distribution or payment; liability of distributee.—Any person who received a distribution or was paid improperly from a trust shall return the assets or funds received and the income from those assets or interest on the funds from the date of distribution or payment unless the distribution or payment cannot be questioned because of adjudication, […]
736.1207 – Power of court to permit deviation.
736.1207 Power of court to permit deviation.—This part does not affect the power of a court to relieve a trustee from any restrictions on the powers and duties that are placed on the trustee by the governing instrument or applicable law for cause shown and on complaint of the trustee, the Attorney General, or an affected […]