Florida Statutes

Fla. Stat. § 736.0815 (2025)

General powers of trustee.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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736.0815 General powers of trustee.—

(1) A trustee, without authorization by the court, may, except as limited or restricted by this code, exercise:

(a) Powers conferred by the terms of the trust.

(b) Except as limited by the terms of the trust:

1. All powers over the trust property that an unmarried competent owner has over individually owned property.

2. Any other powers appropriate to achieve the proper investment, management, and distribution of the trust property.

3. Any other powers conferred by this code.

(2) The exercise of a power is subject to the fiduciary duties prescribed by this code.

History.—s. 8, ch. 2006-217.

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2023–2023 · leading case: Jennifer Roller, Andrea Soule, & Kathleen Doud, as Beneficiaries of the James G. Collins Trust u/a/d August 30, 1990 Vs Judith R. Collins & Cypress Trust Co., as Successor Tr. of the James G. Collins Trust u/a/d August 30, 1990 (Fla. 5th DCA 2023).

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Jennifer Roller, Andrea Soule, & Kathleen Doud, as Beneficiaries of the James G. Collins Trust u/a/d August 30, 1990 Vs Judith R. Collins & Cypress Trust Co., as Successor Tr. of the James G. Collins Trust u/a/d August 30, 1990 (Fla. 5th DCA 2023). · cites it 4× “Under section 736.0815, Florida Statutes (2021), the trustee is accorded “any other powers appropriate to achieve the proper investment, management and 7 distribution of the property,” as well as “any other powers conferred by the [Florida Trust Code].”

— 736.0815(1) — 1 case

Jennifer Roller, Andrea Soule, & Kathleen Doud, as Beneficiaries of the James G. Collins Trust u/a/d August 30, 1990 Vs Judith R. Collins & Cypress Trust Co., as Successor Tr. of the James G. Collins Trust u/a/d August 30, 1990 (Fla. 5th DCA 2023). “Under section 736.0815, Florida Statutes (2021), the trustee is accorded “any other powers appropriate to achieve the proper investment, management and 7 distribution of the property,” as well as “any other powers conferred by the [Florida Trust Code].”

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