Celesq® Programs

Irrevocability in Name Not Practice: Modification and Termination of Irrevocable Trusts in Florida

Active
Program Number
32119
Program Date
2022-09-16
CLE Credits
1

This presentation will address attractive options for trust modification and termination of irrevocable trusts by trustees, trust protectors, trust directors, beneficiaries and their counsel under Florida law. While an irrevocable trust, by name and terms, would seem to prohibit amendment of its terms, Florida law provides multiple opportunities for those interested in the trust to make changes—regardless of irrevocability. What if, after creating a trust, it becomes desirable for someone interested in the trust to make changes to its terms but the trust is irrevocable? Inheritance tax laws may change, beneficiaries’ needs may change, family circumstances may warrant revised distributive provisions, among many other unforeseen future realities. Fortunately, the flexibility of Florida’s Trust Code provides broad opportunity to address the changing needs and desires of trust beneficiaries, trustees and those serving as trust director or trust protector. 

Counsel’s effective use of the tools available to make changes to an irrevocable trust requires in-depth knowledge of the relevant statutory sections and command of Florida common law addressed in this presentation.

Available in States

Program Categories

  • Estate Planning
  • Federal Courts
  • State Specific Programs

PROGRAM CREDITS

  • Areas of Professional Practice : 1 Credit