These are the sample trust form provisions referenced in the February 2008 article “Drafting Florida Trusts” by Powell and Klooster. Trusts & Estates editors have not edited these sample provisions either for content or for style and do not vouchsafe their efficacy. The authors offer these form provisions merely as fodder for practitioners’ consideration. These form provisions do not constitute tax advice Trusts & Estates magazine and should not be treated as such. Form II-A “ Mandatory State Law Provisions.

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Applicable state law, including, while applicable, Florida Statutes § 736.0105(2), may provide certain mandatory and non-waivable provisions that apply to each trust created under this trust instrument. The Settlor hereby acknowledges the applicability of these provisions.” Form III-A “ Applicable Law. (a) Validity. The validity of each trust created under this trust instrument shall be determined in accordance with the laws of the State of Florida, as the Settlor is a domiciliary of the State of Florida as of the date this trust is created. (b) Construction. This trust instrument shall be construed in accordance with the laws of the State of Florida, as a sufficient nexus to the State of Florida within the meaning of Florida Statutes § 736.0107(1) exists as of the date this trust is created.