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Florida Statute 736.0107 - Full Text and Legal Analysis Florida Statute 736.0107 | Lawyer Caselaw & Research
Fla. Stat. § 736.0107 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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.

Cases Citing F.S. 736.0107

Fla. Stat. § 736.0107 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·Mehdipour v. Rensin (In re Rensin), 600 B.R. 870 (Bankr. S.D. Fla. 2019).

Cited 1 times | Published | United States Bankruptcy Court, S.D. Florida.

...While Florida law provides a broad set of exemptions designed to protect various assets from the collection activities of creditors, see Fla. Stat. ch. 222, Florida courts will not enforce a spendthrift trust designed to permit a person to place his or her assets beyond the arms of creditors. See Fla. Stat. § 736.0107 ; In re Brown , 303 F.3d at 1266-67 ; Barbee v....
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This Florida statute resource is curated by Florida Bar member Graham W. Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.