Florida Statute 736.0502 - Full Text and Legal Analysis

The 2025 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

Annotations, Discussions, Cases:

Cases Citing Statute 736.0502

Total Results: 4

Miller v. Kresser

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

District Court of Appeal of Florida | Filed: May 5, 2010 | Docket: 1129755

Cited 4 times | Published

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

In Re Ciano

433 B.R. 431, 22 Fla. L. Weekly Fed. B 455, 2010 Bankr. LEXIS 2377, 2010 WL 3069570

United States Bankruptcy Court, N.D. Florida | Filed: Aug 6, 2010 | Docket: 1783264

Cited 1 times | Published

of a "spendthrift provision" in a trust in section 736.0502(1). The Trust Code provides that a spendthrift

Zlatkiss v. All America Team Concepts, LLC

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

District Court of Appeal of Florida | Filed: May 31, 2013 | Docket: 60236133

Published

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

In Re Rogove

443 B.R. 182, 22 Fla. L. Weekly Fed. B 598, 2010 Bankr. LEXIS 3298

United States Bankruptcy Court, S.D. Florida. | Filed: Sep 17, 2010 | Docket: 2066556

Published

the beneficiary's expectancy. See Fla. Stat. § 736.0502(3); Miller v. Kresser, 34 So.3d 172, 175-76 (Fla