127,87Section 87. 701.0602 (1) of the statutes is amended to read:
701.0602 (1) Unless the terms of a trust expressly provide that the trust is irrevocable, there is a rebuttable presumption that the settlor may revoke or amend the trust. This subsection does not apply to a trust created under an instrument executed before July 1, 2014.
127,88Section 88. 701.0602 (3) (intro.), (a) and (b) (intro.) of the statutes are consolidated, renumbered 701.0602 (3) (intro.) and amended to read:
701.0602 (3) (intro.) A settlor may revoke or amend a revocable trust by any of the following means: (a) By substantial compliance with a method provided in the terms of the trust. (b) (intro.) If, or, if the terms of the trust do not provide a method, by any of the following means:
127,89Section 89. 701.0602 (3) (b) 1. of the statutes is renumbered 701.0602 (3) (am).
127,90Section 90. 701.0602 (3) (b) 2. of the statutes is renumbered 701.0602 (3) (bm).
127,91Section 91. 701.0602 (4) of the statutes is amended to read:
701.0602 (4) Upon revocation of a revocable trust, the trustee shall transfer the trust property to the settlor or as the settlor directs. However, with respect to marital or community property, the trustee shall transfer the property to both spouses as marital or community property or as both spouses direct.
127,92Section 92. 701.0605 of the statutes is created to read:
701.0605 Future interests in trust. Subject to s. 701.1204, unless a contrary intention is found, if a person has a future interest in property under a revocable trust and, under the terms of the trust, the person has the right to possession and enjoyment of the property at the settlor’s death, the right to possession and enjoyment is contingent on the person surviving the settlor. Extrinsic evidence may be used to show contrary intent.
127,93Section 93. 701.0702 (3) of the statutes is amended to read:
701.0702 (3) A court may not require a bond from a trust company bank, state bank, or national bank that is authorized to exercise trust powers and that has complied with s. 220.09 or 223.02 nor shall a bond be required of a religious, charitable, or educational corporation or society.
127,94Section 94. 701.0704 (1) (g) of the statutes is created to read:
701.0704 (1) (g) Any other event occurs resulting in no person acting as trustee.
127,95Section 95. 701.0706 (2) (c) of the statutes is amended to read:
701.0706 (2) (c) The court determines that removal Removal of the trustee best serves the interests of the beneficiaries is appropriate because of unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively.
127,96Section 96. 701.0706 (2) (d) of the statutes is amended to read:
701.0706 (2) (d) There has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries, the court finds that the removal of the trustee best serves the interests of all of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available.
127,97Section 97. 701.0707 (2) of the statutes is amended to read:
701.0707 (2) A trustee who has resigned or been removed shall proceed expeditiously within a reasonable time to deliver the trust property within the trustee’s possession to the cotrustee, successor trustee, or other person entitled to it, subject to the right of the trustee to retain a reasonable reserve for the payment of debts, expenses, and taxes.
127,98Section 98. 701.0802 (5) of the statutes is renumbered 701.0802 (5) (a).
127,99Section 99. 701.0802 (5) (b) of the statutes is created to read:
701.0802 (5) (b) A trust company acting in any fiduciary capacity with respect to a trust may purchase any service or product, including insurance or securities underwritten or otherwise distributed by the trust company or by an affiliate, through or directly from the trust company or an affiliate of a syndicate or selling group that includes the trust company of an affiliate, provided the purchase otherwise complies with the prudent investor rule in s. 881.01 and with s. 881.015. Compensation for the service or product must be reasonable and not prohibited by the instrument governing the fiduciary relationship. The compensation for the service or product may be in addition to the compensation that the trust company is otherwise entitled to receive.
127,100Section 100. 701.0802 (9) of the statutes is created to read:
701.0802 (9) A trustee is not liable for releasing information, including a copy of all or any portion of the trust instrument, to any deceased settlor’s heir-at-law or other person indicating that the person is not a beneficiary of the trust if the trustee reasonably believes that doing so will not harm the beneficiaries of the trust and that doing so will reduce the likelihood of litigation involving the trust.
127,101Section 101. 701.0813 (1), (2) (d) and (3) (a) (intro.) of the statutes are amended to read:
701.0813 (1) A trustee shall keep the distributees or permissible distributees of trust income or principal, current beneficiaries and other qualified presumptive remainder beneficiaries who so request, reasonably informed about the administration of the trust. Unless unreasonable under the circumstances, a trustee shall promptly respond to a qualified beneficiary’s request for information related to the administration of the trust.
(2) (d) Notify the distributees or permissible distributees of trust income or principal, current beneficiaries and other qualified presumptive remainder beneficiaries who so request, of any change in the method or rate of the trustee’s compensation.
(3) (a) (intro.) At Subject to par. (c), at least annually and upon the termination of a trust, a trustee shall send to the distributees or permissible distributees of trust income or principal, current beneficiaries and to other qualified presumptive remainder beneficiaries who request it, all of the following: