(1) Neither subsequent marriage, birth, nor adoption of descendants shall revoke the revocable trust of any person.
(2) Any provision of a revocable trust that affects the settlor’s spouse is void upon dissolution of the marriage of the settlor and the spouse, whether the marriage occurred before or after the execution of such revocable trust. Upon dissolution of marriage, the revocable trust shall be construed as if the spouse had died at the time of the dissolution of marriage.
(a) Dissolution of marriage occurs at the time the decedent‘s marriage is judicially dissolved or declared invalid by court order.
Terms Used In Florida Statutes 736.1105
- Decedent: A deceased person.
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
(b) This subsection does not invalidate a provision of a revocable trust:
1. Executed by the settlor after the dissolution of the marriage;
2. If there is a specific intention to the contrary stated in the revocable trust; or
3. If the dissolution of marriage judgment expressly provides otherwise.
(3) This section applies to revocable trusts of decedents who die on or after June 29, 2021.