El texto completo de esta guía está en inglés; el resumen anterior está en su idioma. Los resúmenes de las leyes y el inglés siguen siendo la fuente de referencia.
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The words the code defines (§736.0103)
§736.0103(6): “Directed trust” means a trust for which the terms of the trust grant a power of direction.
§736.0103(16): “Power of direction” means a power over a trust granted to a person by the terms of the trust to the extent the power is exercisable while the person is not serving as a trustee. The term includes a power over the investment, management, or distribution of trust property; a power to amend a trust instrument or terminate a trust; or a power over other matters of trust administration. The term excludes the powers excluded from part XIV of this chapter under s. 736.1405(2).
§736.0103(25): “Trust director” means a person who is granted a power of direction by the terms of a trust to the extent the power is exercisable while the person is not serving as a trustee. The person is a trust director whether or not the terms of the trust refer to the person as a trust director and whether or not the person is a beneficiary or settlor of the trust.
§736.0103(7): “Directed trustee” means a trustee that is subject to a trust director’s power of direction.
When Part XIV applies (§§736.1403, 736.1405)
§736.1403(1): This part applies to a trust subject to this chapter, whenever created, that has its principal place of administration in the state, subject to the following rules: (a) If the trust was created before July 1, 2021, this part applies only to a decision or action occurring on or after July 1, 2021. (b) If the principal place of administration of the trust is changed to the state on or after July 1, 2021, this part applies only to a decision or action occurring on or after the date of the change.
§736.1405(2) names the powers the part does not reach unless the terms of the trust expressly provide otherwise: a power of appointment; a power to appoint or remove a trustee or trust director; a power of a settlor over a trust while the trust is revocable by that settlor; certain powers of a beneficiary; a power held in a nonfiduciary capacity for the settlor’s tax objectives; and certain powers to add or release a power under the trust instrument. The section’s full text is below.
The directed trustee’s duty (§736.1409)
§736.1409(1): Subject to subsection (2), a directed trustee shall take reasonable action to comply with a trust director’s exercise or nonexercise of a power of direction or further power under s. 736.1406(3)(a), relating to additional power granted to a trust director in furtherance of an express power of direction, and the trustee is not liable for such reasonable action.
§736.1409(2): A directed trustee may not comply with a trust director’s exercise or nonexercise of a power of direction or further power under s. 736.1406(3)(a), relating to additional power granted to a trust director in furtherance of an express power of direction, to the extent that by complying the trustee would engage in willful misconduct.
§736.1409(3): Before complying with a trust director’s exercise of a power of direction, the directed trustee shall determine whether or not the exercise is within the scope of the trust director’s power of direction. The exercise of a power of direction is not outside the scope of a trust director’s power of direction merely because the exercise constitutes or may constitute a breach of trust.
§736.1409(5): A directed trustee that has reasonable doubt about its duty under this section may apply to the court for instructions, with attorney fees and costs to be paid from assets of the trust as provided in this code.
What a trustee does not have to do (§736.1411)
§736.1411(1): Notwithstanding s. 736.1409(1), relating to the duty of a directed trustee to take reasonable action when directed and to the release of liability for such action, unless the terms of a trust provide otherwise: (a) A trustee does not have a duty to: 1. Monitor a trust director; or 2. Inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently from the trust director. (b) By taking an action described in paragraph (a), a trustee does not assume the duty excluded by paragraph (a).
§736.1411(2) states the mirror rule for the trust director: unless the terms of a trust provide otherwise, a trust director does not have a duty to monitor a trustee or another trust director, or to inform or give advice concerning an instance in which the trust director might have acted differently.
The trust director’s power, duty and office (§§736.1406, 736.1408, 736.1416)
§736.1406(2): A power of direction includes only those powers granted by the terms of the trust. §736.1406(3): Unless the terms of a trust provide otherwise: (a) A trust director may exercise any further power appropriate to the exercise or nonexercise of a power of direction granted to the trust director under subsection (1); and (b) Trust directors with joint powers must act by majority decision.
§736.1408(1)(a): A trust director has the same fiduciary duty and liability in the exercise or nonexercise of the power: 1. If the power is held individually, as a sole trustee in a like position and under similar circumstances; or 2. If the power is held jointly with a trustee or another trust director, as a cotrustee in a like position and under similar circumstances.
§736.1416(1) provides that, unless the terms of a trust provide otherwise, a trust director shall be considered a trustee for purposes of the sections it lists, among them acceptance or declination of a trusteeship (s. 736.0701), resignation (s. 736.0705), court removal (s. 736.0706), reasonable compensation (s. 736.0708), and the remedies and damages for breach of trust (ss. 736.1001 and 736.1002).
§736.1416(2): a trustee, settlor or qualified beneficiary may make a written demand on a person designated to serve as a trust director, with a written copy to the trustees, to accept or confirm prior acceptance of the trust directorship in writing, and “a written acceptance, written acknowledgment of prior acceptance, or written declination of the trust directorship shall be delivered by the designated trust director within 60 days after receipt of such demand to all trustees, qualified beneficiaries, and the settlor if living.”
Cotrustees with a power to direct (§736.1412)
§736.1412(1): The terms of a trust may provide for the appointment of more than one trustee but confer upon one or more of the trustees, to the exclusion of the others, the power to direct or prevent specified actions of the trustees.
§736.1412(2): The excluded trustees shall act in accordance with the exercise of the power in the manner, and with the same duty and liability, as directed trustees with respect to a trust director’s power of direction under s. 736.1409, relating to the duties and liabilities of a directed trustee; s. 736.141, relating to the duties of a trustee and trust director to provide and rely on information; and s. 736.1411, relating to limitations on the duties of trustees or trust directors to monitor, inform, or advise on matters involving the other.
§736.1412(3): The trustee or trustees having the power to direct or prevent actions of the excluded trustees shall be liable to the beneficiaries with respect to the exercise of the power as if the excluded trustees were not in office and shall have the exclusive obligation to account to and to defend any action brought by the beneficiaries with respect to the exercise of the power.
Limitations, defenses and jurisdiction (§§736.1413–736.1415)
§736.1413(1): An action against a trust director for breach of trust must be commenced within the same limitation period for an action for breach of trust against a trustee in a like position and under similar circumstances under s. 736.1008, relating to limitations on proceedings against trustees.
§736.1414: In an action against a trust director for breach of trust, the trust director may assert the same defenses a trustee in a like position and under similar circumstances could assert in an action for breach of trust against the trustee.
§736.1415(1): By accepting appointment as a trust director of a trust subject to this part, the trust director submits to the personal jurisdiction of the courts of the state regarding any matter related to a power or duty of the trust director.
Every section of Part XIV, verbatim
The thirteen cards below are the complete Florida Uniform Directed Trust Act as it reads in the 2026 Florida Statutes. Florida never enacted the numbers 736.1402, 736.1404 and 736.1410; the definitions sit in §736.0103. Each card opens the attested verbatim text and links the official source.
Las leyes, textualmente
Short title
§ 736.1401 ↗Leer el texto de la ley (literal)
Application; principal place of administration
§ 736.1403 ↗Leer el texto de la ley (literal)
Exclusions
§ 736.1405 ↗Leer el texto de la ley (literal)
Power of trust director
§ 736.1406 ↗Leer el texto de la ley (literal)
Limitations on trust director
§ 736.1407 ↗Leer el texto de la ley (literal)
Duty and liability of trust director
§ 736.1408 ↗Leer el texto de la ley (literal)
Duty and liability of directed trustee
§ 736.1409 ↗Leer el texto de la ley (literal)
No duty to monitor, inform, or advise
§ 736.1411 ↗Leer el texto de la ley (literal)
Application to cotrustee
§ 736.1412 ↗Leer el texto de la ley (literal)
Limitation of action against trust director
§ 736.1413 ↗Leer el texto de la ley (literal)
Defenses in action against trust director
§ 736.1414 ↗Leer el texto de la ley (literal)
Jurisdiction over trust director
§ 736.1415 ↗Leer el texto de la ley (literal)
Office of trust director
§ 736.1416 ↗Leer el texto de la ley (literal)
Preguntas frecuentes
What is a trust director under Florida law?
§736.0103(25) provides: “Trust director” means a person who is granted a power of direction by the terms of a trust to the extent the power is exercisable while the person is not serving as a trustee. The person is a trust director whether or not the terms of the trust refer to the person as a trust director and whether or not the person is a beneficiary or settlor of the trust.
Does a directed trustee follow the trust director’s direction?
§736.1409(1) provides that a directed trustee “shall take reasonable action to comply with a trust director’s exercise or nonexercise of a power of direction … and the trustee is not liable for such reasonable action,” and §736.1409(2) that the trustee “may not comply … to the extent that by complying the trustee would engage in willful misconduct.” §736.1409(3) has the trustee first determine whether the exercise is within the scope of the power. Whether a particular direction is within scope is a question for a licensed Florida attorney of your choosing.
Does the trustee have to watch what the trust director does?
§736.1411(1)(a) provides that, unless the terms of the trust provide otherwise, a trustee does not have a duty to monitor a trust director, or to inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently from the trust director.
Does Part XIV apply to a trust signed before 2021?
§736.1403(1)(a) provides that if the trust was created before July 1, 2021, the part applies only to a decision or action occurring on or after July 1, 2021.
Lecturas relacionadas
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