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Florida Probate Blog

Posts Tagged: trusts

Divorce Does Not Dissolve Beneficial Interest in Trust

Written by on Apr 29, 2009| Posted in: Trust Litigation

Court Refuses to Use Merger to Disinherit Former Spouse.What is the doctrine of merger? The doctrine of merger is set forth in the Restatement of (Third) Trusts §69, which provides that if the legal title to the trust property and the entire beneficial interest become united in one person, the trust terminates. The comments to this section of the Restatement also states that if by inter vivos transfer, will, or operation of law the entire beneficial interest in trust property passes to the trustee, the trust terminates and the trustee holds the property free of trust. Thus, if the sole beneficiary of a trust dies intestate and his interest passes to the trustee as his heir, merger occurs and the trust terminates. Similarly, if the trustee is also the life beneficiary of the trust, and if the sole remainder beneficiary, holding an indefeasibly vested remainder interest in the trust, assigns […]

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Florida Trust and Estate Law Updates

Written by on Dec 4, 2008| Posted in: General

2008 Legislative Action Affecting Trusts and Estates It was a busy summer in Tallahassee for our legislature. Below are summaries of some of the House and Senate Bills that were signed into law by Governor Crist affecting probate practitioners and litigators: Fla.Stat. §736.0703 (2008 Fla.Laws 76). The amendment to the Florida Trust Code, by virtue of a Council substitute for House Bill 435, became effective July 1, 2008, and clarifies the liability of a trustee who is required under the terms of the trust to follow the directions of another trustee. Specifically, the law now provides that “if the terms of a trust instrument 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, the excluded trustees shall act in accordance with the exercise of […]

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