The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

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F.S. 736.0602

736.0602 Revocation or amendment of revocable trust.—

(1) Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection does not apply to a trust created under an instrument executed before the effective date of this code.

(2) If a revocable trust is created or funded by more than one settlor:

(a) To the extent the trust consists of community property, the trust may be revoked by either spouse acting alone but may be amended only by joint action of both spouses.

(b) To the extent the trust consists of property other than community property, each settlor may revoke or amend the trust with regard to the portion of the trust property attributable to that settlor’s contribution.

(c) Upon the revocation or amendment of the trust by fewer than all of the settlors, the trustee shall promptly notify the other settlors of the revocation or amendment.

(3) Subject to s. 736.0403(2), the settlor may revoke or amend a revocable trust:

(a) By substantial compliance with a method provided in the terms of the trust; or

(b) If the terms of the trust do not provide a method, by:

1. A later will or codicil that expressly refers to the trust or specifically devises property that would otherwise have passed according to the terms of the trust; or

2. Any other method manifesting clear and convincing evidence of the settlor’s intent.

(4) Upon revocation of a revocable trust, the trustee shall deliver the trust property as the settlor directs.

(5) A settlor’s powers with respect to revocation, amendment, or distribution of trust property may be exercised by an agent under a power of attorney only as authorized by s. 709.2202.

(6) A guardian of the property of the settlor may exercise a settlor’s powers with respect to revocation, amendment, or distribution of trust property only as provided in s. 744.441.

(7) A trustee who does not know that a trust has been revoked or amended is not liable for distributions made and other actions taken on the assumption that the trust had not been amended or revoked.

History.—s. 6, ch. 2006-217; s. 32, ch. 2011-210.

F.S. 736.0602 on Google Scholar

F.S. 736.0602 on Casetext

Amendments to 736.0602

Arrestable Offenses / Crimes under Fla. Stat. 736.0602

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 736.0602.

Annotations, Discussions, Cases:

Cases from cite.case.law:

NELSON, n k a v. L. NELSON,, 206 So.3d 818 (Fla. Dist. Ct. App. 2016)

. . . Section 736.0602(1), Florida Statutes (2015), provides that a settlor may “revoke or amend” a trust unless . . . Tracking the language of section 736.0602(1), the terms of the Trust instrument unambiguously state that . . .

F. BERNAL, v. E. MARIN,, 196 So. 3d 432 (Fla. Dist. Ct. App. 2016)

. . . The trial court’s decision is based on its interpretation of section 736.0602(3), Florida Statutes (2008 . . . Analysis This appeal presents an issue of first impression, namely the interpretation of section 736.0602 . . . However, if the “any other method” under section 736.0602(3)(b)(2) is alleged, the proponent must not . . . Thus, based on .the clear language of section 736.0602(3), the Florida Legislature has: (1) reduced, . . . Zintgraffs intent under section 736.0602(3)(b)(2), this evidence was not considered. . . .

L. DOWDY, v. DOWDY,, 182 So. 3d 807 (Fla. Dist. Ct. App. 2016)

. . . date of chapter 2006-217, , Laws of Florida, and we have not considered the application of section 736.0602 . . .

RENE, v. SYKES- KENNEDY S., 156 So. 3d 518 (Fla. Dist. Ct. App. 2015)

. . . See § 736.0602(6), Fla. . . .