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Attack outline

Florida Trusts Attack Outline

Review Florida trusts issue-spotting steps with Florida Trust Code flags. Florida now tests Trusts primarily by multiple choice on Part A, so use these steps for those questions and for trust issues inside a Wills essay.

SubjectTrustsLast reviewedOctober 22, 2026JurisdictionFlorida-aware

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Exam format: Starting in July 2023, the Florida Board of Bar Examiners primarily tests Trusts by multiple choice on Part A. Trusts is still a Part A subject, so a trust issue can still come up in an essay. Source: Florida Bar Examination Study Guide, August 2026.

Ordered attack steps

Step 1. Valid Trust Creation?
  • Settlor capacity?
  • Intent to create trust?
  • Definite beneficiaries?
  • Trustee with duties?
  • Lawful purpose?
  • Writing required for real property (personal can be oral)
Step 2. Revocability (FL-Specific)
  • FL PRESUMES REVOCABLE unless expressly irrevocable
  • This is OPPOSITE of common law
  • Check: Does instrument say "irrevocable"?
Step 3. Spendthrift Protection
  • Does trust have spendthrift clause?
  • Protects from beneficiary's creditors BEFORE distribution
  • FL EXCEPTIONS: Child support, alimony can pierce
  • Once distributed, creditors can reach
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