The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

View Entire Chapter

F.S. 736.0502

736.0502 Spendthrift provision.—

(1) A spendthrift provision is valid only if the provision restrains both voluntary and involuntary transfer of a beneficiary’s interest. This subsection does not apply to any trust the terms of which are included in an instrument executed before the effective date of this code.

(2) A term of a trust providing that the interest of a beneficiary is held subject to a spendthrift trust, or words of similar import, is sufficient to restrain both voluntary and involuntary transfer of the beneficiary’s interest.

(3) A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift provision and, except as otherwise provided in this part, a creditor or assignee of the beneficiary may not reach the interest or a distribution by the trustee before receipt of the interest or distribution by the beneficiary.

(4) A valid spendthrift provision does not prevent the appointment of interests through the exercise of a power of appointment.

History.—s. 5, ch. 2006-217; s. 12, ch. 2007-153.

F.S. 736.0502 on Google Scholar

F.S. 736.0502 on Casetext

Amendments to 736.0502

Arrestable Offenses / Crimes under Fla. Stat. 736.0502

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 736.0502.

Annotations, Discussions, Cases:

Cases from cite.case.law:

ZLATKISS v. ALL AMERICA TEAM CONCEPTS, LLC, Et Al., 125 So. 3d 953 (Fla. Dist. Ct. App. 2013)

. . . Miller, 34 So.3d at 175 (citing § 736.0502(3), Fla. Stat. (2009)). . . .

In ROGOVE, s, 443 B.R. 182 (Bankr. S.D. Fla. 2010)

. . . . § 736.0502(3); Miller v. Kresser, 34 So.3d 172, 175-76 (Fla. 4th DCA 2010). . . .

In A. CIANO,, 433 B.R. 431 (Bankr. N.D. Fla. 2010)

. . . section 736.0103(17) and a standard for the validity of a “spendthrift provision” in a trust in section 736.0502 . . .

F. MILLER, v. KRESSER LLC, F. v. F. LLC, a, 34 So. 3d 172 (Fla. Dist. Ct. App. 2010)

. . . . § 736.0502(3), Fla. Stat. (2009). . . .