Florida Statute 736.0105 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

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F.S. 736.0105

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. 736.1409, relating to the duties and liabilities of a directed trustee; s. 736.1411, relating to limitations on duties of a trustee or trust director to monitor, inform, or advise on matters involving the other; and s. 736.1412, relating to the allocation of powers among cotrustees, requirements for excluded cotrustees to act as a directed trustee, and liability and related obligations of directing cotrustees, the duty of the trustee to act in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries.

(d) The periods of limitation for commencing a judicial proceeding.

(e) The power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice.

(f) The requirements under s. 736.0108(1) for the designation of a principal place of administration of the trust and the requirements under s. 736.0107 for the designation of a jurisdiction the law of which determines the meaning and effect of the terms of a trust.

(g) The jurisdiction and venue provisions in ss. 736.0202, 736.0203, and 736.0204.

(h) The restrictions on the designation of representative under s. 736.0306.

(i) The formalities required under s. 736.0403(2) for the execution of a trust.

(j) The power of the court to modify or terminate a trust under ss. 736.0410-736.04115, except as provided in s. 736.04115(3)(b), and under ss. 736.0413, 736.0415, and 736.0416.

(k) The ability to modify a trust under s. 736.0412, except as provided in s. 736.0412(4)(b).

(l) The effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in part V.

(m) The trustee’s duty under s. 736.05053 to pay expenses and obligations of the settlor’s estate.

(n) The trustee’s duty under s. 736.05055 to file a notice of trust at the settlor’s death.

(o) The right of a trustee under s. 736.0701 to decline a trusteeship and the right of a trustee under s. 736.0705 to resign a trusteeship.

(p) The power of the court under s. 736.0702 to require, dispense with, modify, or terminate a bond.

(q) The power of the court under s. 736.0708(2) to adjust a trustee’s compensation specified in the terms of the trust that is unreasonably low or high.

(r) The duty under s. 736.0813(1)(a) and (b) to notify qualified beneficiaries of an irrevocable trust of the existence of the trust, of the identity of the trustee, and of their rights to trust accountings.

(s) The duty under s. 736.0813(1)(c) and (d) to provide a complete copy of the trust instrument and to account to qualified beneficiaries except as otherwise provided in s. 736.0813(1)(d).

(t) The duty under s. 736.0813(1)(e) to respond to the request of a qualified beneficiary of an irrevocable trust for relevant information about the assets and liabilities of the trust and the particulars relating to trust administration.

(u) The effect of an exculpatory term under s. 736.1011.

(v) The rights under ss. 736.1013-736.1017 of a person other than a trustee or beneficiary.

(w) The effect of a penalty clause for contesting a trust under s. 736.1108.

History.—s. 1, ch. 2006-217; s. 2, ch. 2009-117; s. 2, ch. 2018-35; s. 4, ch. 2021-183; s. 2, ch. 2022-96.

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Amendments to 736.0105

Arrestable Offenses / Crimes under Fla. Stat. 736.0105

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 736.0105.

Annotations, Discussions, Cases:

Cases Citing Statute 736.0105

Total Results: 7

JENNIFER ROLLER, ANDREA SOULE, AND KATHLEEN DOUD, AS BENEFICIARIES OF THE JAMES G. COLLINS TRUST U/A/D AUGUST 30, 1990 vs JUDITH R. COLLINS AND CYPRESS TRUST COMPANY, AS SUCCESSOR TRUSTEE OF THE JAMES G. COLLINS TRUST U/A/D AUGUST 30, 1990

Court: Fla. Dist. Ct. App. | Date Filed: 2023-10-20T00:00:00-07:00

Snippet: grants the trustee broad duties and powers. § 736.0105, Fla. Stat. (2021). Under section 736.0815, Florida

Doris Rich Corya, etc. v. Roy Sanders

Court: Fla. Dist. Ct. App. | Date Filed: 2015-02-11T00:00:00-08:00

Citation: 155 So. 3d 1279, 2015 Fla. App. LEXIS 1846

Snippet: furnish an accounting until the enactment of section 736.0105(2)(s), Florida Statutes, in 2007. That statute

Paula Minassian v, Rebecca Rachins and Rick Minassian

Court: Fla. Dist. Ct. App. | Date Filed: 2014-12-03T00:00:00-08:00

Citation: 152 So. 3d 719, 2014 Fla. App. LEXIS 19608

Snippet: modification via trust protector, because section 736.0105 provides, “The terms of a trust prevail over any…736.0412, except as provided in s. 736.0412(4)(b).” § 736.0105(2)(k), Fla. Stat. (2008). Yet section 736.0808

Kathleen G. Kozinski, etc. v. Amy Stabenow and Nora Faul

Court: Fla. Dist. Ct. App. | Date Filed: 2014-11-05T00:00:00-08:00

Citation: 152 So. 3d 650, 2014 Fla. App. LEXIS 18086

Snippet: services and the trustee’s agents. See §§ 736.0105(1), (2)(b); 736.0801; 736.0802(1), (7)(b), (8)

Doris Rich Corya, etc. and Paul J. Rich Sanders, etc. v. Roy Sanders

Court: Fla. Dist. Ct. App. | Date Filed: 2014-11-04T23:53:00-08:00

Snippet: furnish an accounting until the enactment of section 736.0105(2)(s), Florida Statutes, in 2007. That statute

Corya v. Sanders

Court: Fla. Dist. Ct. App. | Date Filed: 2011-12-07T00:00:00-08:00

Citation: 76 So. 3d 31, 2011 Fla. App. LEXIS 19532, 2011 WL 6057899

Snippet: a trust provision to the contrary, see section 736.0105(2)(s), Florida Statutes, that provision of the

City of Sebring v. Wolf

Court: Fla. | Date Filed: 1932-05-17T00:00:00-08:00

Citation: 141 So. 736, 105 Fla. 516

Snippet: County, Appellees Davis 17 May 1932 141 So. 736, 105 Fla. 516 M. R. McDonald for Appellant; Leitner