Florida Statute 736.0602 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

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F.S. 736.0602

736.0602 Revocation or amendment of revocable trust.—

(1) Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection does not apply to a trust created under an instrument executed before the effective date of this code.

(2) If a revocable trust is created or funded by more than one settlor:

(a) To the extent the trust consists of community property, the trust may be revoked by either spouse acting alone but may be amended only by joint action of both spouses.

(b) To the extent the trust consists of property other than community property, each settlor may revoke or amend the trust with regard to the portion of the trust property attributable to that settlor’s contribution.

(c) Upon the revocation or amendment of the trust by fewer than all of the settlors, the trustee shall promptly notify the other settlors of the revocation or amendment.

(3) Subject to s. 736.0403(2), the settlor may revoke or amend a revocable trust:

(a) By substantial compliance with a method provided in the terms of the trust; or

(b) If the terms of the trust do not provide a method, by:

1. A later will or codicil that expressly refers to the trust or specifically devises property that would otherwise have passed according to the terms of the trust; or

2. Any other method manifesting clear and convincing evidence of the settlor’s intent.

(4) Upon revocation of a revocable trust, the trustee shall deliver the trust property as the settlor directs.

(5) A settlor’s powers with respect to revocation, amendment, or distribution of trust property may be exercised by an agent under a power of attorney only as authorized by s. 709.2202.

(6) A guardian of the property of the settlor may exercise a settlor’s powers with respect to revocation, amendment, or distribution of trust property only as provided in s. 744.441.

(7) A trustee who does not know that a trust has been revoked or amended is not liable for distributions made and other actions taken on the assumption that the trust had not been amended or revoked.

History.—s. 6, ch. 2006-217; s. 32, ch. 2011-210.

F.S. 736.0602 on Google Scholar

F.S. 736.0602 on Casetext

Amendments to 736.0602

Arrestable Offenses / Crimes under Fla. Stat. 736.0602

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 736.0602.

Annotations, Discussions, Cases:

Cases Citing Statute 736.0602

Total Results: 5

VIOLETTA GRASSFIELD, INDIVIDUALLY AND AS SUCCESSOR TRUSTEE v. PAUL GRASSFIELD

Court: District Court of Appeal of Florida | Date Filed: 2023-12-13

Snippet: "substantial compliance" under section 736.0602(3)(a), Florida Statutes (2018)? On this record

Nelson v. Nelson

Court: District Court of Appeal of Florida | Date Filed: 2016-12-16

Citation: 206 So. 3d 818, 2016 Fla. App. LEXIS 18470

Snippet: 1186, 1187-88 (Fla. 4th DCA 1997))). Section 736.0602(1), Florida Statutes (2015), provides that a settlor

Bernal v. Marin

Court: District Court of Appeal of Florida | Date Filed: 2016-06-15

Citation: 196 So. 3d 432, 2016 Fla. App. LEXIS 9229, 2016 WL 3265760

Snippet: decision is based on its interpretation of section 736.0602(3), Florida Statutes (2008), and conclusion that

Dowdy v. Dowdy

Court: District Court of Appeal of Florida | Date Filed: 2016-01-06

Citation: 182 So. 3d 807, 2016 Fla. App. LEXIS 180, 2016 WL 56785

Snippet: have not considered the application of section 736.0602, Florida Statutes.

Rene v. Sykes-Kennedy

Court: District Court of Appeal of Florida | Date Filed: 2015-01-02

Citation: 156 So. 3d 518, 2015 Fla. App. LEXIS 16, 2015 WL 24081

Snippet: exercise a settlor’s power to amend a trust. See § 736.0602(6), Fla. Stat. (2013) (“A guardian of the property