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Where is the principal place of administration of a Trust under Florida law?

| Dec 23, 2013 | Probate |

Under certain conditions, the principal place of administration of a Trust can be designated in the Trust itself. However, certain limitations may apply.

In Florida, one of a Trustee’s duties include declaring the principal place of administration of a Trust. The question then arises, how does the Trustee, determine the correct place for administration? In Florida, the principal place of administration of a Trust can be designated in the Trust itself. However, such terms are valid only if there is sufficient connection with the designated jurisdiction. Without precluding other means for establishing a sufficient connection, terms of a Trust designating the principal place of administration are valid and controlling if:

(a) A trustee’s principal place of business is located in or a trustee is a resident of the designated jurisdiction; or

(b) All or part of the administration occurs in the designated jurisdiction.

(2) Unless otherwise validly designated in the Trust instrument, the principal place of administration of a Trust is the trustee’s usual place of business where the records pertaining to the Trust are kept or, if the trustee has no place of business, the trustee’s residence.

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