Florida Statute 736.0502 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

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F.S. 736.0502

736.0502 Spendthrift provision.—

(1) A spendthrift provision is valid only if the provision restrains both voluntary and involuntary transfer of a beneficiary’s interest. This subsection does not apply to any trust the terms of which are included in an instrument executed before the effective date of this code.

(2) A term of a trust providing that the interest of a beneficiary is held subject to a spendthrift trust, or words of similar import, is sufficient to restrain both voluntary and involuntary transfer of the beneficiary’s interest.

(3) A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift provision and, except as otherwise provided in this part, a creditor or assignee of the beneficiary may not reach the interest or a distribution by the trustee before receipt of the interest or distribution by the beneficiary.

(4) A valid spendthrift provision does not prevent the appointment of interests through the exercise of a power of appointment.

History.—s. 5, ch. 2006-217; s. 12, ch. 2007-153.

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Amendments to 736.0502

Arrestable Offenses / Crimes under Fla. Stat. 736.0502

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 736.0502.

Annotations, Discussions, Cases:

Cases Citing Statute 736.0502

Total Results: 2

Zlatkiss v. All America Team Concepts, LLC

Court: District Court of Appeal of Florida | Date Filed: 2013-05-31

Citation: 125 So. 3d 953, 2013 WL 2359108, 2013 Fla. App. LEXIS 8584

Snippet: beneficiary. Miller, 34 So.3d at 175 (citing § 736.0502(3), Fla. Stat. (2009)). Spendthrift provisions

Miller v. Kresser

Court: District Court of Appeal of Florida | Date Filed: 2010-05-05

Citation: 34 So. 3d 172, 2010 Fla. App. LEXIS 6152, 2010 WL 1779899

Snippet: beneficiary receives the interest or distribution. § 736.0502(3), Fla. Stat. (2009). However, when a trust requires