Attack outline
FL Trusts Essay Attack
Review the FL Trusts Essay Attack with ordered issue-spotting steps and Florida flags where relevant before you jump back into practice.
Ordered attack steps
- Settlor capacity?
- Intent to create trust?
- Definite beneficiaries?
- Trustee with duties?
- Lawful purpose?
- Writing required for real property (personal can be oral)
- FL PRESUMES REVOCABLE unless expressly irrevocable
- This is OPPOSITE of common law
- Check: Does instrument say "irrevocable"?
- Does trust have spendthrift clause?
- Protects from beneficiary's creditors BEFORE distribution
- FL EXCEPTIONS: Child support, alimony can pierce
- Once distributed, creditors can reach
- Duty of loyalty (no self-dealing)
- Duty of prudence (prudent investor)
- Duty to inform beneficiaries
- Duty to account
- Duty of impartiality
- Settlor can modify revocable trust
- Court modification: Changed circumstances, uneconomic trust
- Termination: All beneficiaries consent + no material purpose frustrated
- Must have charitable purpose
- Cy pres: If purpose fails, court redirects to similar charity
- No definite beneficiaries required