Florida Statute 736.0602 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

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(7) A trustee who does not know that a trust has been revoked or amended is not liable for distributions made and other actions taken on the assumption that the trust had not been amended or revoked.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

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Amendments to 736.0602

Annotations, Discussions, Cases:

Cases Citing Statute 736.0602

Total Results: 5

Nelson v. Nelson

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

District Court of Appeal of Florida | Filed: Dec 16, 2016 | Docket: 4556059

Cited 5 times | Published

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

Bernal v. Marin

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

District Court of Appeal of Florida | Filed: Jun 15, 2016 | Docket: 3078619

Cited 2 times | Published

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

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

District Court of Appeal of Florida | Filed: Dec 13, 2023 | Docket: 68083873

Published

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

Dowdy v. Dowdy

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

District Court of Appeal of Florida | Filed: Jan 6, 2016 | Docket: 3026127

Published

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

Rene v. Sykes-Kennedy

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

District Court of Appeal of Florida | Filed: Jan 2, 2015 | Docket: 60245799

Published

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

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