736.0107

Governing law.

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736.0107 Governing law.—The meaning and effect of the terms of a trust are determined by:

(1) The law of the jurisdiction designated in the terms of the trust, provided there is a sufficient nexus to the designated jurisdiction at the time of the creation of the trust or during the trust administration, including, but not limited to, the location of real property held by the trust or the residence or location of an office of the settlor, trustee, or any beneficiary; or

(2) In the absence of a controlling designation in the terms of the trust, the law of the jurisdiction where the settlor resides at the time the trust is first created.

Notwithstanding subsection (1) or subsection (2), a designation in the terms of a trust is not controlling as to any matter for which the designation would be contrary to a strong public policy of this state.

History.—s. 1, ch. 2006-217.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2019–2024 · leading case: Mehdipour v. Rensin (In re Rensin)

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Mehdipour v. Rensin (In re Rensin) (2019) flsb · cites it 2× “See Fla. Stat. § 736.0107 ; In re Brown , 303 F.”

Gunton v. Lofquist (2024) flmd · cites it 3× “Gunton Family Trust does not have a sufficient nexus to that jurisdiction under Florida Statute § 736.0107. Plaintiff argues that this analysis presents a factual question, that Plaintiff has alleged enough facts supporting the application of Florida law, and that Plaintiff…”

— 736.0107(2) — 1 case

Gunton v. Lofquist (2024) flmd “Gunton Family Trust does not have a sufficient nexus to that jurisdiction under Florida Statute § 736.0107. Plaintiff argues that this analysis presents a factual question, that Plaintiff has alleged enough facts supporting the application of Florida law, and that Plaintiff…”

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