Bill Text: FL S0492 | 2013 | Regular Session | Enrolled
Bill Title: Estates
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2013-06-17 - Chapter No. 2013-172 [S0492 Detail]
Download: Florida-2013-S0492-Enrolled.html
ENROLLED 2013 Legislature CS for CS for SB 492 2013492er 1 2 An act relating to estates; amending s. 198.13, F.S.; 3 providing for retroactive application; deleting a 4 provision that provides that certain information 5 relating to a state death tax credit or a generation 6 skipping transfer credit is not applicable to estates 7 of decedents dying after a specific date; amending s. 8 717.101, F.S.; providing a definition; amending s. 9 717.112, F.S.; providing an exception to property held 10 by agents and fiduciaries; creating s. 717.1125, F.S.; 11 providing that property held by fiduciaries under 12 trust instruments is presumed unclaimed under certain 13 circumstances; amending s. 731.110, F.S.; specifying 14 that a certain subsection does not require a caveator 15 to be served with formal notice of its own petition 16 for administration; amending s. 732.703, F.S.; 17 revising language regarding instruments governed by 18 the laws of a different state; creating s. 732.806, 19 F.S.; providing provisions relating to gifts to 20 lawyers and other disqualified persons; amending s. 21 732.901, F.S.; requiring the custodian of a will to 22 supply the testator’s date of death or the last four 23 digits of the testator’s social security number upon 24 deposit; providing that an original will submitted 25 with a pleading is considered to be deposited with the 26 clerk; requiring the clerk to retain and preserve the 27 original will in its original form for a certain 28 period of time; amending s. 736.0103, F.S.; providing 29 definitions; amending s. 736.0202, F.S.; providing for 30 in rem jurisdiction and personal jurisdiction over a 31 trustee, beneficiary, or other person; deleting a 32 provision referring to other methods of obtaining 33 jurisdiction; creating s. 736.02025, F.S.; providing 34 provisions for methods of service of process in 35 actions involving trusts and trust beneficiaries; 36 repealing s. 736.0205, F.S., relating to trust 37 proceedings and the dismissal of matters relating to 38 foreign trusts; repealing s. 736.0807(4), F.S., 39 relating to delegation of powers by a trustee; 40 amending s. 736.0813, F.S.; clarifying the duties of a 41 trustee to provide a trust accounting; amending ss. 42 607.0802, 731.201, 733.212, 736.0802, 736.08125, and 43 738.104, F.S.; conforming cross-references; providing 44 an effective date. 45 46 Be It Enacted by the Legislature of the State of Florida: 47 48 Section 1. Retroactive to January 1, 2013, subsection (4) 49 of section 198.13, Florida Statutes, is amended to read: 50 198.13 Tax return to be made in certain cases; certificate 51 of nonliability.— 52 (4) Notwithstanding any other provisions of this section 53 and applicable to the estate of a decedent who dies after 54 December 31, 2004, if, upon the death of the decedent, a state 55 death tax credit or a generation-skipping transfer credit is not 56 allowable pursuant to the Internal Revenue Code of 1986, as 57 amended: 58 (a) The personal representative of the estate is not 59 required to file a return under subsection (1) in connection 60 with the estate. 61 (b) The person who would otherwise be required to file a 62 return reporting a generation-skipping transfer under subsection 63 (3) is not required to file such a return in connection with the 64 estate. 65 66The provisions of this subsection do not apply to estates of67decedents dying after December 31, 2012.68 Section 2. Present subsections (22) and (23) of section 69 717.101, Florida Statutes, are redesignated as subsections (23) 70 and (24), respectively, and a new subsection (22) is added to 71 that section, to read: 72 717.101 Definitions.—As used in this chapter, unless the 73 context otherwise requires: 74 (22) “Trust instrument” means a trust instrument as defined 75 in s. 736.0103. 76 Section 3. Subsection (1) of section 717.112, Florida 77 Statutes, is amended to read: 78 717.112 Property held by agents and fiduciaries.— 79 (1) Except as provided in ss. 717.1125 and 733.816, all 80 intangible property and any income or increment thereon held in 81 a fiduciary capacity for the benefit of another person is 82 presumed unclaimed unless the owner has within 5 years after it 83 has become payable or distributable increased or decreased the 84 principal, accepted payment of principal or income, communicated 85 concerning the property, or otherwise indicated an interest as 86 evidenced by a memorandum or other record on file with the 87 fiduciary. 88 Section 4. Section 717.1125, Florida Statutes, is created 89 to read: 90 717.1125 Property held by fiduciaries under trust 91 instruments.—All intangible property and any income or increment 92 thereon held in a fiduciary capacity for the benefit of another 93 person under a trust instrument is presumed unclaimed unless the 94 owner has, within 2 years after it has become payable or 95 distributable, increased or decreased the principal, accepted 96 payment of principal or income, communicated concerning the 97 property, or otherwise indicated an interest as evidenced by a 98 memorandum or other record on file with the fiduciary. 99 Section 5. Subsection (3) of section 731.110, Florida 100 Statutes, is amended to read: 101 731.110 Caveat; proceedings.— 102 (3) If a caveat has been filed by an interested person 103 other than a creditor, the court may not admit a will of the 104 decedent to probate or appoint a personal representative until 105 formal notice of the petition for administration has been served 106 on the caveator or the caveator’s designated agent and the 107 caveator has had the opportunity to participate in proceedings 108 on the petition, as provided by the Florida Probate Rules. This 109 subsection does not require a caveator to be served with formal 110 notice of its own petition for administration. 111 Section 6. Subsection (4) of section 732.703, Florida 112 Statutes, is amended to read: 113 732.703 Effect of divorce, dissolution, or invalidity of 114 marriage on disposition of certain assets at death.— 115 (4) Subsection (2) does not apply: 116 (a) To the extent that controlling federal law provides 117 otherwise; 118 (b) If the governing instrument is signed by the decedent, 119 or on behalf of the decedent, after the order of dissolution or 120 order declaring the marriage invalid and such governing 121 instrument expressly provides that benefits will be payable to 122 the decedent’s former spouse; 123 (c) To the extent a will or trust governs the disposition 124 of the assets and s. 732.507(2) or s. 736.1105736.1005applies; 125 (d) If the order of dissolution or order declaring the 126 marriage invalid requires that the decedent acquire or maintain 127 the asset for the benefit of a former spouse or children of the 128 marriage, payable upon the death of the decedent either outright 129 or in trust, only if other assets of the decedent fulfilling 130 such a requirement for the benefit of the former spouse or 131 children of the marriage do not exist upon the death of the 132 decedent; 133 (e) If, under the terms of the order of dissolution or 134 order declaring the marriage invalid, the decedent could not 135 have unilaterally terminated or modified the ownership of the 136 asset, or its disposition upon the death of the decedent; 137 (f) If the designation of the decedent’s former spouse as a 138 beneficiary is irrevocable under applicable law; 139 (g) If the governing instrumentdirecting the disposition140of the asset at deathis governed by the laws of a state other 141 than this state; 142 (h) To an asset held in two or more names as to which the 143 death of one coowner vests ownership of the asset in the 144 surviving coowner or coowners; 145 (i) If the decedent remarries the person whose interest 146 would otherwise have been revoked under this section and the 147 decedent and that person are married to one another at the time 148 of the decedent’s death; or 149 (j) To state-administered retirement plans under chapter 150 121. 151 Section 7. Section 732.806, Florida Statutes, is created to 152 read: 153 732.806 Gifts to lawyers and other disqualified persons.— 154 (1) Any part of a written instrument which makes a gift to 155 a lawyer or a person related to the lawyer is void if the lawyer 156 prepared or supervised the execution of the written instrument, 157 or solicited the gift, unless the lawyer or other recipient of 158 the gift is related to the person making the gift. 159 (2) This section is not applicable to a provision in a 160 written instrument appointing a lawyer, or a person related to 161 the lawyer, as a fiduciary. 162 (3) A provision in a written instrument purporting to waive 163 the application of this section is unenforceable. 164 (4) If property distributed in kind, or a security interest 165 in that property, is acquired by a purchaser or lender for value 166 from a person who has received a gift in violation of this 167 section, the purchaser or lender takes title free of any claims 168 arising under this section and incurs no personal liability by 169 reason of this section, whether or not the gift is void under 170 this section. 171 (5) In all actions brought under this section, the court 172 must award taxable costs as in chancery actions, including 173 attorney fees. When awarding taxable costs and attorney fees 174 under this section, the court may direct payment from a party’s 175 interest in the estate or trust, or enter a judgment that may be 176 satisfied from other property of the party, or both. Attorney 177 fees and costs may not be awarded against a party who, in good 178 faith, initiates an action under this section to declare a gift 179 void. 180 (6) If a part of a written instrument is invalid by reason 181 of this section, the invalid part is severable and may not 182 affect any other part of the written instrument which can be 183 given effect, including a term that makes an alternate or 184 substitute gift. In the case of a power of appointment, this 185 section does not affect the power to appoint in favor of persons 186 other than the lawyer or a person related to the lawyer. 187 (7) For purposes of this section: 188 (a) A lawyer is deemed to have prepared, or supervised the 189 execution of, a written instrument if the preparation, or 190 supervision of the execution, of the written instrument was 191 performed by an employee or lawyer employed by the same firm as 192 the lawyer. 193 (b) A person is “related” to an individual if, at the time 194 the lawyer prepared or supervised the execution of the written 195 instrument or solicited the gift, the person is: 196 1. A spouse of the individual; 197 2. A lineal ascendant or descendant of the individual; 198 3. A sibling of the individual; 199 4. A relative of the individual or of the individual’s 200 spouse with whom the lawyer maintains a close, familial 201 relationship; 202 5. A spouse of a person described in subparagraph 2., 203 subparagraph 3., or subparagraph 4.; or 204 6. A person who cohabitates with the individual. 205 (c) The term “written instrument” includes, but is not 206 limited to, a will, a trust, a deed, a document exercising a 207 power of appointment, or a beneficiary designation under a life 208 insurance contract or any other contractual arrangement that 209 creates an ownership interest or permits the naming of a 210 beneficiary. 211 (d) The term “gift” includes an inter vivos gift, a 212 testamentary transfer of real or personal property or any 213 interest therein, and the power to make such a transfer 214 regardless of whether the gift is outright or in trust; 215 regardless of when the transfer is to take effect; and 216 regardless of whether the power is held in a fiduciary or 217 nonfiduciary capacity. 218 (8) The rights and remedies granted in this section are in 219 addition to any other rights or remedies a person may have at 220 law or in equity. 221 Section 8. Section 732.901, Florida Statutes, is amended to 222 read: 223 732.901 Production of wills.— 224 (1) The custodian of a will must deposit the will with the 225 clerk of the court having venue of the estate of the decedent 226 within 10 days after receiving information that the testator is 227 dead. The custodian must supply the testator’s date of death or 228 the last four digits of the testator’s social security number to 229 the clerk upon deposit. 230 (2) Upon petition and notice, the custodian of any will may 231 be compelled to produce and deposit the willas provided in232subsection (1). All costs, damages, and a reasonable attorney’s 233 fee shall be adjudged to petitioner against the delinquent 234 custodian if the court finds that the custodian had no just or 235 reasonable cause for failing to deposit the will. 236 (3) An original will submitted to the clerk with a petition 237 or other pleading is deemed to have been deposited with the 238 clerk. 239 (4) Upon receipt, the clerk shall retain and preserve the 240 original will in its original form for at least 20 years. If the 241 probate of a will is initiated, the original will may be 242 maintained by the clerk with the other pleadings during the 243 pendency of the proceedings, but the will must at all times be 244 retained in its original form for the remainder of the 20-year 245 period whether or not the will is admitted to probate or the 246 proceedings are terminated. Transforming and storing a will on 247 film, microfilm, magnetic, electronic, optical, or other 248 substitute media or recording a will onto an electronic record 249 keeping system, whether or not in accordance with the standards 250 adopted by the Supreme Court of Florida, or permanently 251 recording a will does not eliminate the requirement to preserve 252 the original will. 253 (5) For purposes of this section, the term “will” includes 254 a separate writing as described in s. 732.515. 255 Section 9. Present subsections (6) through (11) of section 256 736.0103, Florida Statutes, are redesignated as subsections (7) 257 through (12), respectively, present subsections (12) through 258 (21) of that section are redesignated as subsections (14) 259 through (23), respectively, and new subsections (6) and (13) are 260 added to that section, to read: 261 736.0103 Definitions.—Unless the context otherwise 262 requires, in this code: 263 (6) “Distributee” means a beneficiary who is currently 264 entitled to receive a distribution. 265 (13) “Permissible distributee” means a beneficiary who is 266 currently eligible to receive a distribution. 267 Section 10. Section 736.0202, Florida Statutes, is amended 268 to read: 269 736.0202 Jurisdiction over trustee and beneficiary.— 270 (1) IN REM JURISDICTION.—Any beneficiaryBy accepting the271trusteeshipof a trust having its principal place of 272 administration in this state is subjector by moving the273principal place of administration to this state, the trustee274submits personallyto the jurisdiction of the courts of this 275 state to the extent of the beneficiary’s interest inregarding276any matter involvingthe trust. 277 (2) PERSONAL JURISDICTION.— 278 (a) Any trustee, trust beneficiary, or other person, 279 whether or not a citizen or resident of this state, who 280 personally or through an agent does any of the following acts 281 related to a trust, submits to the jurisdiction of the courts of 282 this state involving that trust:With respect to their interests283in the trust, the beneficiaries of a trust having its principal284place of administration in this state are subject to the285jurisdiction of the courts of this state regarding any matter286involving the trust. By accepting a distribution from such a287trust, the recipient submits personally to the jurisdiction of288the courts of this state regarding any matter involving the289distribution.290 1. Accepts trusteeship of a trust having its principal 291 place of administration in this state at the time of acceptance. 292 2. Moves the principal place of administration of a trust 293 to this state. 294 3. Serves as trustee of a trust created by a settlor who 295 was a resident of this state at the time of creation of the 296 trust or serves as trustee of a trust having its principal place 297 of administration in this state. 298 4. Accepts or exercises a delegation of powers or duties 299 from the trustee of a trust having its principal place of 300 administration in this state. 301 5. Commits a breach of trust in this state, or commits a 302 breach of trust with respect to a trust having its principal 303 place of administration in this state at the time of the breach. 304 6. Accepts compensation from a trust having its principal 305 place of administration in this state. 306 7. Performs any act or service for a trust having its 307 principal place of administration in this state. 308 8. Accepts a distribution from a trust having its principal 309 place of administration in this state with respect to any matter 310 involving the distribution. 311 (b) A court of this state may exercise personal 312 jurisdiction over a trustee, trust beneficiary, or other person, 313 whether found within or outside the state, to the maximum extent 314 permitted by the State Constitution or the Federal Constitution. 315(3) This section does not preclude other methods of316obtaining jurisdiction over a trustee, beneficiary, or other317person receiving property from the trust.318 Section 11. Section 736.02025, Florida Statutes, is created 319 to read: 320 736.02025 Service of process.— 321 (1) Except as otherwise provided in this section, service 322 of process upon any person may be made as provided in chapter 323 48. 324 (2) Where only in rem or quasi in rem relief is sought 325 against a person in a matter involving a trust, service of 326 process on that person may be made by sending a copy of the 327 summons and complaint by any commercial delivery service 328 requiring a signed receipt or by any form of mail requiring a 329 signed receipt. Service under this subsection shall be complete 330 upon signing of a receipt by the addressee or by any person 331 authorized to receive service of a summons on behalf of the 332 addressee as provided in chapter 48. Proof of service shall be 333 by verified statement of the person serving the summons, to 334 which must be attached the signed receipt or other evidence 335 satisfactory to the court that delivery was made to the 336 addressee or other authorized person. 337 (3) Under any of the following circumstances, service of 338 original process pursuant to subsection (2) may be made by 339 first-class mail: 340 (a) If registered or certified mail service to the 341 addressee is unavailable and if delivery by commercial delivery 342 service is also unavailable. 343 (b) If delivery is attempted and is refused by the 344 addressee. 345 (c) If delivery by mail requiring a signed receipt is 346 unclaimed after notice to the addressee by the delivering 347 entity. 348 (4) If service of process is obtained under subsection (3), 349 proof of service shall be made by verified statement of the 350 person serving the summons. The verified statement must state 351 the basis for service by first-class mail, the date of mailing, 352 and the address to which the mail was sent. 353 Section 12. Section 736.0205, Florida Statutes, is 354 repealed. 355 Section 13. Subsection (4) of section 736.0807, Florida 356 Statutes, is repealed. 357 Section 14. Paragraph (d) of subsection (1) of section 358 736.0813, Florida Statutes, is amended to read: 359 736.0813 Duty to inform and account.—The trustee shall keep 360 the qualified beneficiaries of the trust reasonably informed of 361 the trust and its administration. 362 (1) The trustee’s duty to inform and account includes, but 363 is not limited to, the following: 364 (d) A trustee of an irrevocable trust shall provide a trust 365 accounting, as set forth in s. 736.08135, from the date of the 366 last accounting or, if none, from the date on which the trustee 367 became accountable, to each qualified beneficiary at least 368 annually and on termination of the trust or on change of the 369 trustee. 370 371 Paragraphs (a) and (b) do not apply to an irrevocable trust 372 created before the effective date of this code, or to a 373 revocable trust that becomes irrevocable before the effective 374 date of this code. Paragraph (a) does not apply to a trustee who 375 accepts a trusteeship before the effective date of this code. 376 Section 15. Subsection (2) of section 607.0802, Florida 377 Statutes, is amended to read: 378 607.0802 Qualifications of directors.— 379 (2) In the event that the eligibility to serve as a member 380 of the board of directors of a condominium association, 381 cooperative association, homeowners’ association, or mobile home 382 owners’ association is restricted to membership in such 383 association and membership is appurtenant to ownership of a 384 unit, parcel, or mobile home, a grantor of a trust described in 385 s. 733.707(3), or a qualified beneficiary as defined in s. 386 736.0103(14)of a trust which owns a unit, parcel, or mobile 387 home shall be deemed a member of the association and eligible to 388 serve as a director of the condominium association, cooperative 389 association, homeowners’ association, or mobile home owners’ 390 association, provided that said beneficiary occupies the unit, 391 parcel, or mobile home. 392 Section 16. Subsections (2) and (11) of section 731.201, 393 Florida Statutes, are amended to read: 394 731.201 General definitions.—Subject to additional 395 definitions in subsequent chapters that are applicable to 396 specific chapters or parts, and unless the context otherwise 397 requires, in this code, in s. 409.9101, and in chapters 736, 398 738, 739, and 744, the term: 399 (2) “Beneficiary” means heir at law in an intestate estate 400 and devisee in a testate estate. The term “beneficiary” does not 401 apply to an heir at law or a devisee after that person’s 402 interest in the estate has been satisfied. In the case of a 403 devise to an existing trust or trustee, or to a trust or trustee 404 described by will, the trustee is a beneficiary of the estate. 405 Except as otherwise provided in this subsection, the beneficiary 406 of the trust is not a beneficiary of the estate of which that 407 trust or the trustee of that trust is a beneficiary. However, if 408 each trustee is also a personal representative of the estate, 409 each qualified beneficiary of the trust as defined in s. 410 736.0103(14)shall be regarded as a beneficiary of the estate. 411 (11) “Devisee” means a person designated in a will or trust 412 to receive a devise. Except as otherwise provided in this 413 subsection, in the case of a devise to an existing trust or 414 trustee, or to a trust or trustee of a trust described by will, 415 the trust or trustee, rather than the beneficiaries of the 416 trust, is the devisee. However, if each trustee is also a 417 personal representative of the estate, each qualified 418 beneficiary of the trust as defined in s. 736.0103(14)shall be 419 regarded as a devisee. 420 Section 17. Subsection (1) of section 733.212, Florida 421 Statutes, is amended to read: 422 733.212 Notice of administration; filing of objections.— 423 (1) The personal representative shall promptly serve a copy 424 of the notice of administration on the following persons who are 425 known to the personal representative: 426 (a) The decedent’s surviving spouse; 427 (b) Beneficiaries; 428 (c) The trustee of any trust described in s. 733.707(3) and 429 each qualified beneficiary of the trust as defined in s. 430 736.0103(14), if each trustee is also a personal representative 431 of the estate; and 432 (d) Persons who may be entitled to exempt property 433 434 in the manner provided for service of formal notice, unless 435 served under s. 733.2123. The personal representative may 436 similarly serve a copy of the notice on any devisees under a 437 known prior will or heirs or others who claim or may claim an 438 interest in the estate. 439 Section 18. Paragraph (f) of subsection (5) of section 440 736.0802, Florida Statutes, is amended to read: 441 736.0802 Duty of loyalty.— 442 (5) 443 (f)1. The trustee of a trust as defined in s. 731.201 may 444 request authority to invest in investment instruments described 445 in this subsection other than a qualified investment instrument, 446 by providing to all qualified beneficiaries a written request 447 containing the following: 448 a. The name, telephone number, street address, and mailing 449 address of the trustee and of any individuals who may be 450 contacted for further information. 451 b. A statement that the investment or investments cannot be 452 made without the consent of a majority of each class of the 453 qualified beneficiaries. 454 c. A statement that, if a majority of each class of 455 qualified beneficiaries consent, the trustee will have the right 456 to make investments in investment instruments, as defined in s. 457 660.25(6), which are owned or controlled by the trustee or its 458 affiliate, or from which the trustee or its affiliate receives 459 compensation for providing services in a capacity other than as 460 trustee, that such investment instruments may include investment 461 instruments sold primarily to trust accounts, and that the 462 trustee or its affiliate may receive fees in addition to the 463 trustee’s compensation for administering the trust. 464 d. A statement that the consent may be withdrawn 465 prospectively at any time by written notice given by a majority 466 of any class of the qualified beneficiaries. 467 468 A statement by the trustee is not delivered if the statement is 469 accompanied by another written communication other than a 470 written communication by the trustee that refers only to the 471 statement. 472 2. For purposes of paragraph (e) and this paragraph: 473 a. “Majority of the qualified beneficiaries” means: 474 (I) If at the time the determination is made there are one 475 or more beneficiaries as described in s. 736.0103(16)(c) 476736.0103(14)(c), at least a majority in interest of the 477 beneficiaries described in s. 736.0103(16)(a)736.0103(14)(a), 478 at least a majority in interest of the beneficiaries described 479 in s. 736.0103(16)(b)736.0103(14)(b), and at least a majority 480 in interest of the beneficiaries described in s. 736.0103(16)(c) 481736.0103(14)(c), if the interests of the beneficiaries are 482 reasonably ascertainable; otherwise, a majority in number of 483 each such class; or 484 (II) If there is no beneficiary as described in s. 485 736.0103(16)(c)736.0103(14)(c), at least a majority in interest 486 of the beneficiaries described in s. 736.0103(16)(a) 487736.0103(14)(a)and at least a majority in interest of the 488 beneficiaries described in s. 736.0103(16)(b)736.0103(14)(b), 489 if the interests of the beneficiaries are reasonably 490 ascertainable; otherwise, a majority in number of each such 491 class. 492 b. “Qualified investment instrument” means a mutual fund, 493 common trust fund, or money market fund described in and 494 governed by s. 736.0816(3). 495 c. An irrevocable trust is created upon execution of the 496 trust instrument. If a trust that was revocable when created 497 thereafter becomes irrevocable, the irrevocable trust is created 498 when the right of revocation terminates. 499 Section 19. Paragraph (a) of subsection (2) of section 500 736.08125, Florida Statutes, is amended to read: 501 736.08125 Protection of successor trustees.— 502 (2) For the purposes of this section, the term: 503 (a) “Eligible beneficiaries” means: 504 1. At the time the determination is made, if there are one 505 or more beneficiaries as described in s. 736.0103(16)(c) 506736.0103(14)(c), the beneficiaries described in s. 507 736.0103(16)(a)736.0103(14)(a)and (c); or 508 2. If there is no beneficiary as described in s. 509 736.0103(16)(c)736.0103(14)(c), the beneficiaries described in 510 s. 736.0103(16)(a)736.0103(14)(a)and (b). 511 Section 20. Paragraph (d) of subsection (9) of section 512 738.104, Florida Statutes, is amended to read: 513 738.104 Trustee’s power to adjust.— 514 (9) 515 (d) For purposes of subsection (8) and this subsection, the 516 term: 517 1. “Eligible beneficiaries” means: 518 a. If at the time the determination is made there are one 519 or more beneficiaries described in s. 736.0103(16)(c) 520736.0103(14)(c), the beneficiaries described in s. 521 736.0103(16)(a)736.0103(14)(a)and (c); or 522 b. If there is no beneficiary described in s. 523 736.0103(16)(c)736.0103(14)(c), the beneficiaries described in 524 s. 736.0103(16)(a)736.0103(14)(a)and (b). 525 2. “Super majority of the eligible beneficiaries” means: 526 a. If at the time the determination is made there are one 527 or more beneficiaries described in s. 736.0103(16)(c) 528736.0103(14)(c), at least two-thirds in interest of the 529 beneficiaries described in s. 736.0103(16)(a)736.0103(14)(a)or 530 two-thirds in interest of the beneficiaries described in s. 531 736.0103(16)(c)736.0103(14)(c), if the interests of the 532 beneficiaries are reasonably ascertainable; otherwise, it means 533 two-thirds in number of either such class; or 534 b. If there is no beneficiary described in s. 535 736.0103(16)(c)736.0103(14)(c), at least two-thirds in interest 536 of the beneficiaries described in s. 736.0103(16)(a) 537736.0103(14)(a)or two-thirds in interest of the beneficiaries 538 described in s. 736.0103(16)(b)736.0103(14)(b), if the 539 interests of the beneficiaries are reasonably ascertainable, 540 otherwise, two-thirds in number of either such class. 541 Section 21. This act shall take effect October 1, 2013.