736.1303
Application to existing relationships.
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736.1303 Application to existing relationships.—
(1) Except as otherwise provided in this code, on July 1, 2007:
(a) This code applies to all trusts created before, on, or after such date.
(b) This code applies to all judicial proceedings concerning trusts commenced on or after such date.
(c) This code applies to judicial proceedings concerning trusts commenced before such date, unless the court finds that application of a particular provision of this code would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of this code does not apply and the superseded law applies.
(d) Any rule of construction or presumption provided in this code applies to trust instruments executed before the effective date of this code unless there is a clear indication of a contrary intent in the terms of the trust.
(e) An act done before such date is not affected by this code.
(2) If a right is acquired, extinguished, or barred on the expiration of a prescribed period that has commenced to run under any other law before July 1, 2007, that law continues to apply to the right even if it has been repealed or superseded.
History.—s. 13, ch. 2006-217.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 2009–2025 · leading case: Dexia Credit Local v. Rogan
Dexia Credit Local v. Rogan (2009)
“Fla. Stat. § 736.1303 (l)(a). It also applies to judicial proceedings commenced after July 1, 2007 and to judicial proceedings commenced before that date unless application of the statute would “prejudice the rights of the parties.”
Jerry Schwab v. Huntington National Bank (2013)
“” Fla. Stat. § 736.1303 (l)(a), (b) and (d).”
Mateo Cortez, as Representative of the Estate of Deborah Cortez v. Sandra Flesher Brown, Charlotte Flesher Ash, Charlene (2019)
“, and generally applies “to all trusts created before, on, or after” that date, see Fla. Stat. § 736.1303 . 9 The Florida Probate Code defines “beneficiary” to “mean[] heir at law in an intestate estate and devisee in a testate estate.”
F. Ronald Mastriana, as Trustee of the James and Beatrice Salah Charitable Trust, Etc. v. Brown Brothers Harriman Trust (2025)
“§ 736.1303(1)(a)–(b), Fla. Stat. (2016). A trustee who has been removed is required to “deliver the trust property within the trustee’s possession” to a “successor trustee” within a reasonable time, “subject to the right of the trustee to retain a reasonable reserve for the…”
— 736.1303(1)(a) — 1 case
F. Ronald Mastriana, as Trustee of the James and Beatrice Salah Charitable Trust, Etc. v. Brown Brothers Harriman Trust (2025)
“§ 736.1303(1)(a)–(b), Fla. Stat. (2016). A trustee who has been removed is required to “deliver the trust property within the trustee’s possession” to a “successor trustee” within a reasonable time, “subject to the right of the trustee to retain a reasonable reserve for the…”
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