Florida § 736.0302 Representation by holder of power of appointment

Florida Statutes

§ 736.0302 — Representation by holder of power of appointment

Florida § 736.0302

TitleXLII

Ch. 736FLORIDA TRUST CODE

This text of Florida § 736.0302 (Representation by holder of power of appointment) is published on Counsel Stack Legal Research, covering Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fla. Stat. § 736.0302 (2026).

Text

(1)The holder of a power of appointment may represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subject to the power.

(2)The takers in default of the exercise of a power of appointment may represent and bind persons whose interests, as permissible appointees, are subject to the power.

(3)Subsection (1) does not apply to:

(a)Any matter determined by the court to involve fraud or bad faith by the trustee; or (b) A power of appointment held by a person while the person is the sole trustee.

(4)As used in this section, the term “power of appointment” does not include a power of a trustee to make discretionary distributions of trust property.

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(1) The holder of a power of appointment may represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subject to the power.

(2) The takers in default of the exercise of a power of appointment may represent and bind persons whose interests, as permissible appointees, are subject to the power.

(3) Subsection (1) does not apply to: (a) Any matter determined by the court to involve fraud or bad faith by the trustee; or (b) A power of appointment held by a person while the person is the sole trustee.

(4) As used in this section, the term “power of appointment” does not include a power of a trustee to make discretionary distributions of trust property.