Florida Statute 736.1105 - Full Text and Legal Analysis

736.1105 Effect of subsequent marriage, birth, adoption, or dissolution of marriage.—

(1) Neither subsequent marriage, birth, nor adoption of descendants shall revoke the revocable trust of any person.

(2) Any provision of a revocable trust that affects the settlor’s spouse is void upon dissolution of the marriage of the settlor and the spouse, whether the marriage occurred before or after the execution of such revocable trust. Upon dissolution of marriage, the revocable trust shall be construed as if the spouse had died at the time of the dissolution of marriage.

(a) Dissolution of marriage occurs at the time the decedent’s marriage is judicially dissolved or declared invalid by court order.

(b) This subsection does not invalidate a provision of a revocable trust:

1. Executed by the settlor after the dissolution of the marriage;

2. If there is a specific intention to the contrary stated in the revocable trust; or

3. If the dissolution of marriage judgment expressly provides otherwise.

(3) This section applies to revocable trusts of decedents who die on or after June 29, 2021.

History.—s. 11, ch. 2006-217; ss. 11, 45, ch. 2021-183.

Cases Citing F.S. 736.1105

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·Nelson v. Nelson, 206 So. 3d 818 (Fla. 2d DCA 2016).
Cited 5 times | Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 18470
...to either spouse once the assets were placed in the trust and beyond the reach of the parties).2 2 Although the Florida Trust Code contains a statute voiding revocable trust provisions affecting a settlor's spouse upon the dissolution of marriage, § 736.1105, and the Florida Probate Code likewise contains a statute voiding will provisions affecting a -5- Although section 736.04113 does not abrogate the trial court's common law author...
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Cases Citing F.S. 736.1105

·Nelson v. Nelson, 206 So. 3d 818 (Fla. 2d DCA 2016).