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 […]
736.1101 – Rules of construction; general provisions.
736.1101 Rules of construction; general provisions.—Except as provided in s. 736.0105(2): (1) The intent of the settlor as expressed in the terms of the trust controls the legal effect of the dispositions made in the trust. (2) The rules of construction as expressed in this part shall apply unless a contrary intent is indicated by the terms of […]
736.1208 – Release; property and persons affected; manner of effecting.
736.1208 Release; property and persons affected; manner of effecting.— (1) The trustee of a trust, all of the unexpired interests in which are devoted to one or more charitable purposes, may release a power to select charitable donees unless the creating instrument provides otherwise. (2) The release of a power to select charitable donees may apply to all […]
736.1102 – Construction of terms.
736.1102 Construction of terms.—The laws used to determine paternity and relationships for the purposes of intestate succession apply when determining whether class gift terminology and terms of relationship include adopted persons and persons born out of wedlock. History.—s. 11, ch. 2006-217; s. 17, ch. 2010-132.
736.1103 – Gifts to multigeneration classes to be per stirpes.
736.1103 Gifts to multigeneration classes to be per stirpes.—Class gifts to descendants, issue, and other multigeneration classes shall be per stirpes. History.—s. 11, ch. 2006-217.
736.1104 – Person not entitled to receive property or other benefits by reason of victim’s death.
736.1104 Person not entitled to receive property or other benefits by reason of victim’s death.— (1) A beneficiary of a trust who unlawfully and intentionally kills or unlawfully and intentionally participates in procuring the death of the settlor or another person on whose death such beneficiary’s interest depends, is not entitled to any trust interest, including homestead, […]
736.1105 – Effect of subsequent marriage, birth, adoption, or dissolution of marriage.
736.1105 Effect of subsequent marriage, birth, adoption, or dissolution of marriage.— (1) Neither subsequent marriage, birth, nor adoption of descendants shall revoke the revocable trust of any person. (2) Any provision of a revocable trust that affects the settlor’s spouse is void upon dissolution of the marriage of the settlor and the spouse, whether the marriage occurred before […]
736.1106 – Antilapse; survivorship with respect to future interests under terms of inter vivos and testamentary trusts; substitute takers.
736.1106 Antilapse; survivorship with respect to future interests under terms of inter vivos and testamentary trusts; substitute takers.— (1) As used in this section, the term: (a) “Beneficiary” means the beneficiary of a future interest and includes a class member if the future interest is in the form of a class gift. (b) “Distribution date,” with respect to a […]
736.1107 – Change in securities; accessions; nonademption.
736.1107 Change in securities; accessions; nonademption.—A gift of specific securities, rather than their equivalent value, entitles the beneficiary only to: (1) As much of the gifted securities of the same issuer held by the trust estate at the time of the occurrence of the event entitling the beneficiary to distribution. (2) Any additional or other securities of the […]
736.1108 – Penalty clause for contest.
736.1108 Penalty clause for contest.— (1) A provision in a trust instrument purporting to penalize any interested person for contesting the trust instrument or instituting other proceedings relating to a trust estate or trust assets is unenforceable. (2) This section applies to trusts created on or after October 1, 1993. For purposes of this subsection, a revocable trust […]