§ 736.0302, Fla. Stat. · Part III. REPRESENTATION
Representation by holder of power of appointment.
Text — 2026 Florida Statutes
(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.
Notes and commentary — not statutory text
History
s. 3, ch. 2006-217; s. 3, ch. 2009-117.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0736/0736.html
- Text hash
- sha256 0dc75c1d8d6603cc7bbd6b78b92d24a6615963fdfa9667c96860a44e205eb822
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
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