Florida Statutes Part IV - Creation, Validity, Modification, And Termination (Ss. 736.0401-736.0417)

• 736.0401 - Methods Of Creating Trust.
  A trust may be created by:(1) Transfer of property to another person as trustee during the settlor’s lifetime or by will or other disposition taking effect...
• 736.0402 - Requirements For Creation.
  (1) A trust is created only if:(a) The settlor has capacity to create a trust.(b) The settlor indicates an intent to create the trust.(c) The trust has a definite...
• 736.0403 - Trusts Created In Other Jurisdictions; Formalities Required For Revocable Trusts.
  (1) A trust not created by will is validly created if the creation of the trust complies with the law of the jurisdiction in which the...
• 736.0404 - Trust Purposes.
  A trust may be created only to the extent the purposes of the trust are lawful, not contrary to public policy, and possible to achieve....
• 736.0405 - Charitable Purposes; Enforcement.
  (1) A trust may be created for charitable purposes. Charitable purposes include, but are not limited to, the relief of poverty; the advancement of arts, sciences,...
• 736.0406 - Effect Of Fraud, Duress, Mistake, Or Undue Influence.
  If the creation, amendment, or restatement of a trust is procured by fraud, duress, mistake, or undue influence, the trust or any part so...
• 736.0407 - Evidence Of Oral Trust.
  Except as required by s. 736.0403 or a law other than this code, a trust need not be evidenced by a trust instrument but the...
• 736.0408 - Trust For Care Of An Animal.
  (1) A trust may be created to provide for the care of an animal alive during the settlor’s lifetime. The trust terminates on the death of...
• 736.0409 - Noncharitable Trust Without Ascertainable Beneficiary.
  Except as otherwise provided in s. 736.0408 or by another provision of law, the following rules apply:(1) A trust may be created for a noncharitable purpose...
• 736.0410 - Modification Or Termination Of Trust; Proceedings For Disapproval Of Nonjudicial Acts.
  (1) In addition to the methods of termination prescribed by ss. 736.04113-736.0414, a trust terminates to the extent the trust expires or is revoked or is...
• 736.04113 - Judicial Modification Of Irrevocable Trust When Modification Is Not Inconsistent With Settlor’s Purpose.
  (1) Upon the application of a trustee of the trust or any qualified beneficiary, a court at any time may modify the terms of a trust...
• 736.04114 - Limited Judicial Construction Of Irrevocable Trust With Federal Tax Provisions.
  (1) Upon the application of a trustee or any qualified beneficiary of a trust, a court at any time may construe the terms of a trust...
• 736.04115 - Judicial Modification Of Irrevocable Trust When Modification Is In Best Interests Of Beneficiaries.
  (1) Without regard to the reasons for modification provided in s. 736.04113, if compliance with the terms of a trust is not in the best interests...
• 736.04117 - Trustee’s Power To Invade Principal In Trust.
  (1)(a) Unless the trust instrument expressly provides otherwise, a trustee who has absolute power under the terms of a trust to invade the principal of the...
• 736.0412 - Nonjudicial Modification Of Irrevocable Trust.
  (1) After the settlor’s death, a trust may be modified at any time as provided in s. 736.04113(2) upon the unanimous agreement of the trustee and...
• 736.0413 - Cy Pres.
  (1) If a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful, the court may apply the doctrine of cy pres to modify or...
• 736.0414 - Modification Or Termination Of Uneconomic Trust.
  (1) After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property having a total value less than $50,000 may terminate the...
• 736.0415 - Reformation To Correct Mistakes.
  Upon application of a settlor or any interested person, the court may reform the terms of a trust, even if unambiguous, to conform the terms...
• 736.0416 - Modification To Achieve Settlor’s Tax Objectives.
  Upon application of any interested person, to achieve the settlor’s tax objectives the court may modify the terms of a trust in a manner that...
• 736.0417 - Combination And Division Of Trusts.
  (1) After notice to the qualified beneficiaries, a trustee may combine two or more trusts into a single trust or divide a trust into two or...

Last modified: September 23, 2016