FLA LEG Modernize Trust, Estate Law


On May 30, FLA LEG enacted uniform fiduciary income, principal act.


  • FLA LEG enacted bill HB 1093, Florida uniform fiduciary income and principal act.
  • Revises provisions of act governing trusts, estates, life estates, other term interests.
  • Bill Provisions
  • Codifies Florida uniform fiduciary principal and income act (FUFIPA) into FLA XLII-738.
  • Replaced Florida uniform principal and income act (FUPIA) as law governing allocation of trust and estate receipts and disbursements between principal and interest.
  • Law where a Florida trust does not provide its own terms for such an allocation.
  • FUFIPA Provisions
  • Modernized trust law, allowing total-return investing under modern portfolio theory.
  • Provided for conversion of existing trust into unitrust; flexibility for more individualized estate planning; provided governing law provision to reduce jurisdictional disputes.
  • Legislative History
  • On Jan. 2, 2024, bill was introduced in House; on Feb. 28, 2024, bill passed House.
  • On Feb. 28, 2024, bill was introduced in Senate; on Mar. 1, 2024, bill passed Senate.
  • On May 29, 2024, bill signed by governor; on May 30, assigned Chapter 2024-216.
  • Effectiveness
  • Bill becomes effective on Jan. 1, 2025.

Regulators FLA LEG
Entity Types Bank; CNSM; Fiduciary
Reference Bill HB1093, Ch. 2024-216, 5/30/2024; Citation: FLA XLII-738;
Functions Compliance; Financial; Reporting
Countries United States of America
Category
State
Products Banking
Regions Am
Rule Type Final
Rule Date 5/30/2024
Effective Date 1/1/2025
Rule Id 214146
Linked to N/A
Reg. Last Update 5/30/2024
Report Section US Banking

Last substantive update on 06/03/2024