Enactment of FUDTA and CPTA Change the Rules on Florida Trusts

Co-authored with Osvaldo Garcia, Executive Director, J.P. Morgan Private Bank.

On June 29, 2021, Florida enacted the Florida Uniform Directed Trust Act ("FUDTA") and the Community Property Trust Act ("CPTA"). Florida will now have a more robust law whereby “trust directors” can be granted powers in a Florida governed law trust to direct the trustee as to certain management functions of such trust. With the CPTA, Florida has become the fourth state to enact Community Property Trust legislation to enable married couples living in non-community property states such as Florida to have the ability to take advantage of a full stepped-up income tax basis upon the death of either spouse. Both of the Acts will be effective July 1, 2021. Please refer to our prior post for a discussion on the key provisions of FUDTA and CPTA.