Juan C. Antúnez, in his Florida Probate & Trust Litigation Blog, discusses the implications of default and mandatory rules as listed in the Florida Trust Code. His article begins as follows:
Florida’s Trust Code consists overwhelmingly of default rules that settlors are free to opt out of or modify anytime. There are, however, a core set of rules listed in F.S. 736.0105 that are mandatory; you can’t draft around them. For example, under F.S. 736.0105(2)(e) your trust agreement can’t eliminate the “power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice.” This rule is taken verbatim from section 105(b)(13) of the Uniform Trust Code.
To see the full article, click: “Can you limit a court’s ability to remove a trustee to the same standard as incapacity in guardianship proceedings?”
Posted by Elise Kim, Managing Associate Editor, Wealth Strategies Journal.