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Florida Statute 736.0603 - Full Text and Legal Analysis Florida Statute 736.0603 | Lawyer Caselaw & Research
Fla. Stat. § 736.0603 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
736.0603 Settlor’s powers; powers of withdrawal.
(1) While a trust is revocable, the duties of the trustee are owed exclusively to the settlor.
(2) During the period the power may be exercised, the holder of a power of withdrawal has the rights of a settlor of a revocable trust under this section to the extent of the property subject to the power.
(3) Subject to ss. 736.0403(2) and 736.0602(3)(a), the trustee may follow a direction of the settlor that is contrary to the terms of the trust while a trust is revocable.
History.s. 6, ch. 2006-217; s. 6, ch. 2021-183.

Cases Citing F.S. 736.0603

Fla. Stat. § 736.0603 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·Hilgendorf v. Est. of Coleman, 201 So. 3d 1262 (Fla. 4th DCA 2016).

Cited 1 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 15934

...Until that time, the trust benefitted only her. It provided no duty for the trustee to account to her during her lifetime, requiring only that books and records be available for inspection. Although not in effect on the date the trust was created, these provisions comport with section 736.0603(1), Florida Statutes (2007), which provides that “[w]hile a trust is revocable, the duties of the trustee are owed exclusively to the settlor.” § 736.0603(1), Fla....
...She only sought an accounting, which was not required by the trust or any statute. In fact, section 736.0813, Florida Statutes (2012), 1 which *1265 provides for the duty of the trustee to provide trust accountings to qualified beneficiaries, specifically does not apply while a trust is revocable: “As provided in s. 736.0603(1), the trustee’s duties under this section extend only to the settlor while a trust is revocable.” Thus, a statutory duty to account to the qualified beneficiaries does not arise until a trust becomes irrevocable....
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Cited as authority(citing case) (2025)
phrase: "rule_authority"
Cited as authority(citing case) (2022)
phrase: "rule_authority"
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Swan v. Trost, 100 So. 3d 1205 (Fla. 2d DCA 2012).

Published | Florida 2nd District Court of Appeal | 2012 Fla. App. LEXIS 19550, 2012 WL 5458080

...He sought the production of various Trust documents. After conducting an in-camera inspection, the general magistrate concluded that Mr. Trost was not entitled to discovery of these documents because the trustee owed duties to inform and account only to the settlor, Erich Trost. See § 736.0603(1), Fla....
...The court shall retain oversight of the assets transferred to a trust, unless otherwise ordered by the court. (Emphasis added). However, section 744.441 did not allow the trial court to force the trustee to disclose Trust documents to Matthias Trost on the basis that he was next of kin. See § 736.0603(1), Fla....

This Florida statute resource is curated by Graham Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.