Florida Statute 736.0107 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

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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.

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Amendments to 736.0107

Annotations, Discussions, Cases:

Cases Citing Statute 736.0107

Total Results: 1

Mehdipour v. Rensin (In re Rensin)

600 B.R. 870

United States Bankruptcy Court, S.D. Florida. | Filed: May 3, 2019 | Docket: 65791380

Cited 1 times | Published

beyond the arms of creditors. See Fla. Stat. § 736.0107 ; In re Brown , 303 F.3d at 1266-67 ; Barbee

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