Florida Statute 736.0412 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

View Entire Chapter

F.S. 736.0412

736.0412 Nonjudicial modification of irrevocable trust.—

(1) After the settlor’s death, a trust may be modified at any time as provided in s. 736.04113(2) upon the unanimous agreement of the trustee and all qualified beneficiaries.

(2) Modification of a trust as authorized in this section is not prohibited by a spendthrift clause or by a provision in the trust instrument that prohibits amendment or revocation of the trust.

(3) An agreement to modify a trust under this section is binding on a beneficiary whose interest is represented by another person under part III of this code.

(4) This section shall not apply to:

(a) Any trust created prior to January 1, 2001.

(b) Any trust created after December 31, 2000, if, under the terms of the trust, all beneficial interests in the trust must vest or terminate within the period prescribed by the rule against perpetuities in s. 689.225(2), notwithstanding s. 689.225(2)(f) and (g), unless the terms of the trust expressly authorize nonjudicial modification.

(c) Any trust for which a charitable deduction is allowed or allowable under the Internal Revenue Code until the termination of all charitable interests in the trust.

(5) For purposes of subsection (4), a revocable trust shall be treated as created when the right of revocation terminates.

(6) The provisions of this section are in addition to, and not in derogation of, rights under the common law to modify, amend, terminate, or revoke trusts.

History.—s. 4, ch. 2006-217; s. 7, ch. 2022-96.

F.S. 736.0412 on Google Scholar

F.S. 736.0412 on Casetext

Amendments to 736.0412

Arrestable Offenses / Crimes under Fla. Stat. 736.0412

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 736.0412.

Annotations, Discussions, Cases:

Cases Citing Statute 736.0412

Total Results: 1

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: ability to modify a trust under s. 736.0412, except as provided in s. 736.0412(4)(b).” § 736.0105(2)(k), Fla…they argue that sections 736.0410-736.04115 and 736.0412, Florida Statutes, provide the exclusive means…principles. Sections 736.0410-736.04115 and 736.0412, Florida Statutes, provide means of modifying