SB109: Bill Text

SB109,35,6 701.24 (1) Except as otherwise provided in s. 701.19 (9) (a) and (10), ss. 701.01 to 701.19, 701.21, 701.22,and 701.23 are applicable to a trust existing on July 1, 1971, as well as a trust created after such date and shall govern trustees acting under such trusts. If application of any provision of ss. 701.01 to 701.19, 701.21, 701.22 ,and 701.23 to a trust in existence on August 1, 1971, is unconstitutional, it shall not affect application of the provision to a trust created after that date.

SB109, s. 9 Section 9. 701.24 (2) of the statutes is created to read:

SB109,35,11 701.24 (2) Section 701.20 applies to every trust or decedent's estate existing on the effective date of this subsection .... [revisor inserts date], and to every trust or decedent's estate created or coming into existence after that date, except as otherwise expressly provided in s. 701.20 or by the decedent's will or the terms of the trust.

SB109, s. 10 Section 10. 861.015 (2) of the statutes is amended to read:

SB109,35,20 861.015 (2) For purposes of this section, property subject to a directive is valued by its clear market value on the date of the decedent's death. Satisfaction of the nonholding spouse's marital property interest in the property subject to the directive shall be based on that value, plus any income from the property subject to the directive after the death of the decedent and before satisfaction. For purposes of determining the income from the property subject to a directive, such property shall be treated as a legacy or devise of property other than money under s. 701.20 (5) (b) 1.

SB109, s. 11 Section 11. 881.01 of the statutes is repealed and recreated to read:

SB109,35,22 881.01 Uniform prudent investor act. (1) Definition. In this section:

SB109,35,25 (a) "Beneficiary", with respect to a guardianship of the estate, means a ward for whom a guardian of the estate has been appointed and, with respect to a conservator, means a person for whose estate a conservator has been appointed.

SB109,36,2 (b) "Fiduciary" means personal representative, trustee, conservator, or guardian of the estate.

SB109,36,5 (2) Prudent investor rule. (a) Except as otherwise provided in par. (b), a fiduciary who invests and manages assets owes a duty to the beneficiaries to comply with the prudent investor rule set forth in this section.

SB109,36,9 (b) The prudent investor rule, a default rule, may be expanded, restricted, eliminated or otherwise altered by the provisions of a will, trust, or court order. A fiduciary is not liable to a beneficiary to the extent that the fiduciary acted in reasonable reliance on the provisions of the will, trust, or court order.

SB109,36,14 (3) Standard of care; portfolio strategy; risk and return objectives. (a) A fiduciary shall invest and manage assets as a prudent investor would, by considering the purposes, terms, distribution requirements, and other circumstances of the estate, trust, conservatorship, or guardianship. In satisfying this standard, the fiduciary shall exercise reasonable care, skill, and caution.

SB109,36,18 (b) A fiduciary's investment and management decisions about individual assets shall be evaluated not in isolation but in the context of the portfolio as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the estate, trust, conservatorship, or guardianship.

SB109,36,21 (c) Among circumstances that a fiduciary shall consider in investing and managing assets are those of the following that are relevant to the estate, trust, conservatorship, or guardianship or its beneficiaries:

SB109,36,22 1. General economic conditions.

SB109,36,23 2. The possible effect of inflation or deflation.

SB109,36,24 3. The expected tax consequences of investment decisions or strategies.

SB109,37,3 4. The role that each investment or course of action plays within the overall portfolio, which may include financial assets, interests in closely held enterprises, tangible and intangible personal property, and real property.

SB109,37,4 5. The expected total return from income and the appreciation of capital.

SB109,37,5 6. Other resources of the beneficiaries.

SB109,37,7 7. Needs for liquidity, regularity of income, and preservation or appreciation of capital.

SB109,37,9 8. An asset's special relationship or special value to the purposes of the estate, trust, conservatorship, or guardianship or to one or more of the beneficiaries.

SB109,37,11 (d) A fiduciary shall make a reasonable effort to verify facts relevant to the investment and management of assets.

SB109,37,13 (e) A fiduciary may invest in any kind of property or type of investment consistent with the standards of this section.

SB109,37,16 (f) A fiduciary who has special skills or expertise, or is named fiduciary in reliance upon the fiduciary's representation that the fiduciary has special skills or expertise, has a duty to use those special skills or expertise.

SB109,37,20 (4) Diversification. A fiduciary shall diversify investments unless the fiduciary reasonably determines that, because of special circumstances, the purposes of the estate, trust, conservatorship, or guardianship are better served without diversifying.

SB109,38,2 (5) Duties at inception. Within a reasonable time after accepting a fiduciary appointment or receiving assets, a fiduciary shall review the assets and make and implement decisions concerning the retention and disposition of assets, in order to bring the portfolio into compliance with the purposes, terms, distribution requirements, and other circumstances of the estate, trust, conservatorship, or guardianship and with the requirements of this section.

SB109,38,4 (6) Loyalty. A fiduciary shall invest and manage the assets solely in the interest of the beneficiaries.

SB109,38,7 (7) Impartiality. If an estate, trust, conservatorship, or guardianship has 2 or more beneficiaries, the fiduciary shall act impartially in investing and managing the assets, taking into account the differences between the interests of the beneficiaries.

SB109,38,10 (8) Investment costs. In investing and managing assets, a fiduciary may incur only costs that are appropriate and reasonable in relation to the assets, the purposes of the estate, trust, conservatorship, or guardianship, and the skills of the fiduciary.

SB109,38,13 (9) Reviewing compliance. Compliance with the prudent investor rule is determined in light of the facts and circumstances existing at the time of a fiduciary's decision or action and not by hindsight.

SB109,38,17 (10) Delegation of investment and management functions. (a) A fiduciary may delegate investment and management functions that a prudent fiduciary of similar skills could properly delegate under the circumstances. The fiduciary shall exercise reasonable care, skill, and caution in all of the following:

SB109,38,18 1. Selecting an agent.

SB109,38,20 2. Establishing the scope and terms of the delegation, consistent with the purposes and terms of the estate, trust, conservatorship, or guardianship.

SB109,38,22 3. Periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the terms of the delegation.

SB109,38,25 (b) In performing a delegated function, an agent owes a duty to the estate, trust, conservatorship, or guardianship to exercise reasonable care to comply with the terms of the delegation.

SB109,39,3 (c) A fiduciary who complies with the requirements of par. (a) is not liable to the beneficiaries or to the estate, trust, conservatorship, or guardianship for the decisions or actions of the agent to whom a function was delegated.

SB109,39,6 (d) By accepting the delegation of a function from the fiduciary of an estate, trust, conservatorship, or guardianship that is subject to the law of this state, an agent submits to the jurisdiction of the courts of this state.

SB109,39,16 (11) Phrases invoking standard of this section. The following phrases or similar phrases in a will, trust, or court order, unless otherwise limited or modified, authorize any investment or strategy permitted under this section: "investments permissible by law for investment of trust funds"; "legal investments"; "authorized investments"; "using the judgment and care under the circumstances then prevailing that persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital"; "prudent man rule"; "prudent trustee rule"; "prudent person rule"; and "prudent investor rule".

SB109,39,23 (12) Application to existing estates, trusts, conservatorships, and guardianships. This section applies to estates, trusts, conservatorships, and guardianships of the estate existing on, or created on or after, the effective date of this subsection .... [revisor inserts date]. As applied to estates, trusts, conservatorships, and guardianships of the estate existing on the effective date of this subsection .... [revisor inserts date], this section governs only decisions or actions occurring after that date.

SB109,40,2 (13) Uniformity of application and construction. This section shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this section among the states that have enacted this uniform legislation.

SB109, s. 12 Section 12. 881.02 of the statutes is amended to read:

SB109,40,10 881.02 Construction; court orders; written instruments. Nothing contained in this chapter shall be construed as authorizing any departure from, or variation of, the express terms or limitations set forth in any will, agreement, court order, or other instrument creating or defining the fiduciary's duties and powers, but the terms "legal investment" or "authorized investment" or words of similar import, as used in any such instrument, shall be taken to mean any investment which is permitted by the terms of this chapter.

SB109, s. 13 Section 13. 881.06 of the statutes is amended to read:

SB109,40,15 881.06 Law governing existing instruments. This Subject to s. 881.01 (12), this chapter shall govern fiduciaries, including personal representatives, guardians of the estate, conservators, and trustees acting under wills, agreements, court orders, and other instruments now existing or hereafter made.

SB109,40,16 (End)