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Fla. Stat. § 736.0103(24) – Florida Statutes

Text of Fla. Stat. § 736.0103(24)

“Terms of a trust” means:

(a) Except as otherwise provided in paragraph (b), the manifestation of the settlor’s intent regarding a trust’s provisions as:

1. Expressed in the trust instrument; or

2. Established by other evidence that would be admissible in a judicial proceeding; or

(b) The trust’s provisions as established, determined, or amended by:

1. A trustee or trust director in accordance with applicable law;

2. Court order; or

3. A nonjudicial settlement agreement under s. 736.0111, relating to nonjudicial settlement agreements.

History of Fla. Stat. § 736.0103(24)

In 2007, when the Florida Trust Code became law, the definition for “terms of a trust” was:

“Terms of a trust” means the manifestation of the settlor’s intent regarding a trust’s provisions as expressed in the trust instrument or as may be established by other evidence that would be admissible in a judicial proceeding.

At that point, the definition was found in Fla. Stat. § 736.0103(19). The definition for “terms of trust” was amended in 2021. It has not been updated since.