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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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 | Sort by: Relevance | Newest First

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Miller v. Kresser, 34 So. 3d 172 (Fla. 4th DCA 2010).

Cited 4 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 6152, 2010 WL 1779899

...When a trust includes a valid spendthrift provision, a beneficiary may not transfer his interest in the trust and a creditor or assignee of the beneficiary may not reach any interest or distribution from the trust until the beneficiary receives the interest or distribution. § 736.0502(3), Fla....

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In Re Ciano, 433 B.R. 431 (Bankr. N.D. Fla. 2010).

Cited 1 times | Published | United States Bankruptcy Court, N.D. Florida | 22 Fla. L. Weekly Fed. B 455, 2010 Bankr. LEXIS 2377, 2010 WL 3069570

...The Florida Trust Code ("Trust Code"), Chapter 736, Florida Statutes (2009), which became effective on July 1, 2007, provides a definition for a "spendthrift provision" in section 736.0103(17) and a standard for the validity of a "spendthrift provision" in a trust in section 736.0502(1)....

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In Re Rogove, 443 B.R. 182 (Bankr. S.D. Fla. 2010).

Published | United States Bankruptcy Court, S.D. Florida. | 22 Fla. L. Weekly Fed. B 598, 2010 Bankr. LEXIS 3298

...ection 541(c)(2) even after they are received by a debtor-beneficiary, but that distributions of income from a spendthrift trust do not. However, under Florida law, the spendthrift provision protects only the beneficiary's expectancy. See Fla. Stat. § 736.0502(3); Miller v....

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Zlatkiss v. All Am. Team Concepts, LLC, 125 So. 3d 953 (Fla. 5th DCA 2013).

Published | Florida 5th District Court of Appeal | 2013 WL 2359108, 2013 Fla. App. LEXIS 8584

...A valid spendthrift provision prevents a beneficiary from transferring his or her interest in the trust as well as prevents creditors or assignees of the beneficiary from reaching any of the trust funds until they are dispersed to the beneficiary. Miller, 34 So.3d at 175 (citing § 736.0502(3), Fla....

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