Title XLII, Estates and Trusts

(1) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that the term:(a) Relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of …

A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless:(1) The consent, release, or ratificat…

(1) Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee’s fiduciary capacity in the course of administering the trust if the trustee in the contract disclosed the fiduciary capacity.(2) A trustee is p…

(1) After the death of a settlor, no creditor of the settlor may bring, maintain, or continue any direct action against a trust described in s. 733.707(3), the trustee of the trust, or any beneficiary of the trust that is dependent on the individual liability of the settlor. Such…

(1) Unless personal liability is imposed in the contract, a trustee who holds an interest as a general partner in a general or limited partnership is not personally liable on a contract entered into by the partnership after the trust’s acquisition of the interest if the fiduciary…

(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…

(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 …

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 …

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 t…

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. 2010-13…

Class gifts to descendants, issue, and other multigeneration classes shall be per stirpes.History.—s. 11, ch. 2006-217.

(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,…

(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…

(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 future interest, means the time when the future interest…

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 additi…

(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, 19…

(1) If a devise of homestead under a trust violates the limitations on the devise of homestead in s. 4(c), Art. X of the State Constitution, title shall pass as provided in s. 732.401 at the moment of death.(2) A power of sale or general direction to pay debts, expenses, and clai…

(1) Property devised to or from a revocable trust which a settlor gave to a donee during the settlor’s lifetime or which is distributed from a revocable trust to a donee during the settlor’s lifetime is to be treated as a satisfaction of a devise to that donee, in whole or in par…

As used in this part:(1) “Charitable organization” means an organization described in s. 501(c)(3) of the Internal Revenue Code and exempt from tax under s. 501(a) of the Internal Revenue Code.(2) “Delivery of notice” means delivery of a written notice required under this part us…

Except as otherwise provided in the trust, the provisions of this part apply to all private foundation trusts and split interest trusts, whether created or established before or after November 1, 1971, and to all trust assets acquired by the trustee before or after November 1, 19…

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.

(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 such a way as to:(a) Deprive the trust of an otherwise avail…

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 dir…

(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 in…

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 be…

(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 t…

With the consent of that organization or organizations, a trustee of a trust for the benefit of a public charitable organization or organizations may come under s. 736.1208(5) by delivery of notice to the Attorney General of the election, accompanied by the proof of required cons…

This part shall be interpreted to effectuate the intent of the state to preserve, foster, and encourage gifts to, or for the benefit of, charitable organizations.History.—s. 12, ch. 2006-217.

(1) A charitable organization, private foundation trust, split interest trust, or a private foundation as defined in s. 509(a) of the Internal Revenue Code may not be required by a state agency or a local government to disclose the race, religion, gender, national origin, socioec…

Any provisions of this code governing the legal effect, validity, or enforceability of electronic records or electronic signatures, and of contracts formed or performed with the use of such records or signatures, are deemed to conform to the requirements of s. 102 of the Electron…

If any provision of this code or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this code that can be given effect without the invalid provision or application, and to this end the provisions of t…

(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 proceedi…

This part may be cited as the “Florida Uniform Directed Trust Act.”History.—s. 14, ch. 2021-183.

(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…

(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 pr…

(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 d…

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 o…

(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…

(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…

(1) Subject to s. 736.1411, relating to limitations on the duties of trustees or trust directors to monitor, inform, or advise on matters involving the other, a trustee shall provide information to a trust director to the extent the information is reasonably related to the powers…

(1) Notwithstanding s. 736.1409(1), relating to the duty of a directed trustee to take reasonable action when directed and to the release of liability for such action, unless the terms of a trust provide otherwise:(a) A trustee does not have a duty to:1. Monitor a trust director;…

(1) The terms of a trust may provide for the appointment of more than one trustee but confer upon one or more of the trustees, to the exclusion of the others, the power to direct or prevent specified actions of the trustees.(2) The excluded trustees shall act in accordance with t…

(1) An action against a trust director for breach of trust must be commenced within the same limitation period for an action for breach of trust against a trustee in a like position and under similar circumstances under s. 736.1008, relating to limitations on proceedings against …

In an action against a trust director for breach of trust, the trust director may assert the same defenses a trustee in a like position and under similar circumstances could assert in an action for breach of trust against the trustee.History.—s. 25, ch. 2021-183.

(1) By accepting appointment as a trust director of a trust subject to this part, the trust director submits to the personal jurisdiction of the courts of the state regarding any matter related to a power or duty of the trust director.(2) This section does not preclude other meth…

(1) Unless the terms of a trust provide otherwise, a trust director shall be considered a trustee for purposes of the following:(a) Role of the court in trust proceedings under s. 736.0201.(b) Proceedings for review of employment of agents and review of compensation of a trustee …