Florida Statutes
Fla. Stat. § 736.0603 (2025)
Settlor’s powers; powers of withdrawal.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 5
cases (3 in the last 5 years), 2012–2025 · leading case: Hilgendorf v. Est. of Coleman, 201 So. 3d 1262 (Fla. 4th DCA 2016).
Hilgendorf v. Est. of Coleman, 201 So. 3d 1262 (Fla. 4th DCA 2016). “” § 736.0603(1), Fla. Stat. This codified prior law, which held that a trustee owes duties to the settlor/beneficiary of a revocable trust and not to contingent beneficiaries.”
Swan v. Trost, 100 So. 3d 1205 (Fla. 2d DCA 2012). “See § 736.0603(1), Fla. Stat. (2009) (“While a trust is revocable, the duties of the trustee are owed exclusively to the settlor.”
Dagoberto Capo v. Julio C. Capo (Fla. 3d DCA 2025). “4th DCA 2016) (explaining section 736.0603, Florida Statutes, “codified prior law, which held that a trustee owes duties to the settlor/beneficiary of a revocable trust and not to contingent beneficiaries.”
Dan Pitts, as Tr. for Revocable Trust of Evelyn Pitts v. Univ. Prop. & Cas. Ins. Co. & Dririte USA. Inc. (Fla. 6th DCA 2025). “See generally § 736.0603, Fla. Stat.; Jerome Ira Solkoff & Scott M.”
IMO of The Doris J. Foster Inter Vivos Declaration of Trust (Del. Ch. 2022). “2); see also Fla. Stat. §736.0603 (1) (“While a trust is revocable, the duties of the trustee are owed exclusively to the settlor.”
— 736.0603(1) — 3 cases
Hilgendorf v. Est. of Coleman, 201 So. 3d 1262 (Fla. 4th DCA 2016). “” § 736.0603(1), Fla. Stat. This codified prior law, which held that a trustee owes duties to the settlor/beneficiary of a revocable trust and not to contingent beneficiaries.”
Swan v. Trost, 100 So. 3d 1205 (Fla. 2d DCA 2012). “See § 736.0603(1), Fla. Stat. (2009) (“While a trust is revocable, the duties of the trustee are owed exclusively to the settlor.”
Dagoberto Capo v. Julio C. Capo (Fla. 3d DCA 2025). “4th DCA 2016) (explaining section 736.0603, Florida Statutes, “codified prior law, which held that a trustee owes duties to the settlor/beneficiary of a revocable trust and not to contingent beneficiaries.”
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