eLaws of Florida

  SECTION 736.0813. Duty to inform and account.  


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  • 1The trustee shall keep the qualified beneficiaries of the trust reasonably informed of the trust and its administration.
    19(1) 20The trustee’s duty to inform and account includes, but is not limited to, the following:
    35(a) 36Within 60 days after acceptance of the trust, the trustee shall give notice to the qualified beneficiaries of the acceptance of the trust, the full name and address of the trustee, and that the fiduciary lawyer-client privilege in s. 7590.5021 76applies with respect to the trustee and any attorney employed by the trustee.
    89(b) 90Within 60 days after the date the trustee acquires knowledge of the creation of an irrevocable trust, or the date the trustee acquires knowledge that a formerly revocable trust has become irrevocable, whether by the death of the settlor or otherwise, the trustee shall give notice to the qualified beneficiaries of the trust’s existence, the identity of the settlor or settlors, the right to request a copy of the trust instrument, the right to accountings under this section, and that the fiduciary lawyer-client privilege in s. 17690.5021 177applies with respect to the trustee and any attorney employed by the trustee.
    190(c) 191Upon reasonable request, the trustee shall provide a qualified beneficiary with a complete copy of the trust instrument.
    209(d) 210A trustee of an irrevocable trust shall provide a trust accounting, as set forth in s. 226736.08135, 227from the date of the last accounting or, if none, from the date on which the trustee became accountable, to each qualified beneficiary at least annually and on termination of the trust or on change of the trustee.
    265(e) 266Upon reasonable request, the trustee shall provide a qualified beneficiary with relevant information about the assets and liabilities of the trust and the particulars relating to administration.

    293Paragraphs (a) and (b) do not apply to an irrevocable trust created before the effective date of this code, or to a revocable trust that becomes irrevocable before the effective date of this code. Paragraph (a) does not apply to a trustee who accepts a trusteeship before the effective date of this code.

    346(2) 347A qualified beneficiary may waive the trustee’s duty to account under paragraph (1)(d). A qualified beneficiary may withdraw a waiver previously given. Waivers and withdrawals of prior waivers under this subsection must be in writing. Withdrawals of prior waivers are effective only with respect to accountings for future periods.
    396(3) 397The representation provisions of part III apply with respect to all rights of a qualified beneficiary under this section.
    416(4) 417As provided in s. 421736.0603(1), 422the trustee’s duties under this section extend only to the settlor while a trust is revocable.
    438(5) 439This section applies to trust accountings rendered for accounting periods beginning on or after July 1, 2007.
History.-s. 8, ch. 2006-217; s. 15, ch. 2007-153; s. 11, ch. 2011-183; s. 14, ch. 2013-172.

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