New Florida Trust Code Passed by House and Senate
It looks like Florida's about to adopt a whole new trust code. Below is a copy of an email posted on the list service for the Dade County Bar Association's Probate and Trust Law Committee. The email contains a link to the final version of the bill. I previously provided a link to an annotated version of the new trust code comparing it to current Florida law here. Enjoy!
-----Original Message-----From: Spivey, Barry
[mailto:Barry.Spivey@ruden.com]
Sent: 21 April 2006 14:05
To: tlc@lists.flabarrpptl.org
Cc: mmadorsky@carltonfields.com
Subject: [RPPTL-tlc] Florida Trust Code
For anyone who hasn't heard, the Florida Trust Code was passed unanimously by the House of Representatives this morning, having passed the Senate on April 5, 2006. There hasn't been a single "nay" vote on the bill through six House and Senate committees or on the floor of either. We're hoping Gov. Bush signs the bill, and there seems to be no reason this won't happen given the lack of any opposition.Prof. David Powell, who most know is the scrivener of the bill for the Ad Hoc Trust Code Committee, is compiling a list of "questions," "issues," or "glitches" to be given consideration for possible inclusion in the inevitable "glitch bill" that must be introduced by this fall in order to make any changes or corrections in the FTC before its effective date in July 2007.
Therefore, unless you want to wait until Gov. Bush actually signs the bill, it is time to begin taking a serious look at the Fla. Trust Code. The final version of the bill is online [here]. As you know, the Trust Code project originated in the Trust Law Committee, and the Ad Hoc Trust Code Revision Committee will be relying to a large extent on the members of the Trust Law Committee to critically review the Code in the light of their own experience with various factual situations, and to raise questions about perceived inconsistencies, ambiguities, problems not addressed, etc.
With that in mind, we will be discussing such issues that have been brought to the attention of Brian Felcoski or me as of the Trust Law Committee meeting in Orlando at the Section Convention in late May. So please begin your serious study of the Fla. Trust Code and submit to me [barry.spivey@ruden.com] or Brian [bfelcoski@gfsestatelaw.com] within the next few weeks any issues that you would like to see discussed at that meeting and added to Prof. Powell's list.
Barry F. Spivey
Attorney
Ruden McClosky
1515 Ringling Boulevard
Suite 700
Sarasota, FL 34236
Direct 941-316-7600 | Fax 941-316-7908
Barry.Spivey@ruden.com | www.ruden.com
Board Certified Wills,
Trusts & Estates Attorney
