CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 19608, 2014 WL 6775269
...The children make two arguments as to the inapplicability of section
736.0808(3). First, they contend that this provision conflicts with “the
black letter common law rule . . . that a trustee may not delegate
discretionary powers to another.” Second, they argue that sections
736.0410-736.04115 and
736.0412, Florida Statutes, provide the
exclusive means of modifying a trust under the Florida Trust Code....
...ode or any
other Florida law.”). Thus, section 736.0808, Florida Statutes,
supplements common law, and to the extent the common law conflicts
with it, it overrides common law principles.
6
Sections
736.0410-736.04115 and
736.0412, Florida Statutes, provide
means of modifying a trust under the Florida Trust Code....
...‘remainder’ if the [Family] [T]rust actually terminated[.]” Although it may
not be proper to refer to such an interest as a “remainder,” distributees
are entitled to the trust property upon the termination of a trust, as
directed in the trust document. See § 736.0410, Fla....
