The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

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F.S. 736.0603

736.0603 Settlor’s powers; powers of withdrawal.—

(1) While a trust is revocable, the duties of the trustee are owed exclusively to the settlor.

(2) During the period the power may be exercised, the holder of a power of withdrawal has the rights of a settlor of a revocable trust under this section to the extent of the property subject to the power.

(3) Subject to ss. 736.0403(2) and 736.0602(3)(a), the trustee may follow a direction of the settlor that is contrary to the terms of the trust while a trust is revocable.

History.—s. 6, ch. 2006-217; s. 6, ch. 2021-183.

F.S. 736.0603 on Google Scholar

F.S. 736.0603 on Casetext

Amendments to 736.0603

Arrestable Offenses / Crimes under Fla. Stat. 736.0603

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 736.0603.

Annotations, Discussions, Cases:

Cases from cite.case.law:

HILGENDORF, v. ESTATE OF COLEMAN K., 201 So. 3d 1262 (Fla. Dist. Ct. App. 2016)

. . . Although not in effect on the date the trust was created, these provisions comport with section 736.0603 . . . that “[w]hile a trust is revocable, the duties of the trustee are owed exclusively to the settlor.” § 736.0603 . . . qualified beneficiaries, specifically does not apply while a trust is revocable: “As provided in s. 736.0603 . . .

In GUARDIANSHIP OF TROST. s v., 100 So. 3d 1205 (Fla. Dist. Ct. App. 2012)

. . . See § 736.0603(1), Fla. . . . See § 736.0603(1), Fla. Stat. (2009). . . .