Thank you for raising this question.
As a licensed attorney in Florida based in the UK, I deal with these same issues and only provide for the distribution of US situated assets in revocable trusts. The relevant language in Florida’s version of the Uniform Trust Code (UTC) is pasted below and can be found here and is a bit different.
“736.0603 Settlor’s powers; powers of withdrawal.—
(1) While a trust is revocable, the duties of the trustee are owed exclusively to the settlor.
(2) During the period the power may be exercised, the holder of a power of withdrawal has the rights of a settlor of a revocable trust under this section to the extent of the property subject to the power.
History.—s. 6, ch. 2006-217.”
Further to the above, in Florida no rights are owed to beneficiaries while a trust is revocable.
I have seen powers to amend provided to successor trustees in Florida revocable trusts, but I don’t believe I have seen a trust provide for a successor trustee (or a power of attorney) to revoke a trust save for example where the value of the trust was below a certain minimum amount ($50,000 for example). Have either of you seen language providing others the right to terminate?
I note that Catriona pointed out that her client’s trust as drafted includes the appointment of an attorney and power is being given to that attorney to revoke the settlement if the client loses capacity. It appears that this comes from California’s adoption of Section 602(e) of the UTC, … “A settlor’s powers with respect to revocation, amendment, or distribution of trust property may be exercised by an agent under a power of attorney only to the extent expressly authorized by the terms of the trust or the power.” Unfortunately, it does not appear that this particular part of the UTC was adopted by the State of Florida.
I would have thought that a carefully drafted provision could be drafted so as to provide that should the trustor/settlor be deemed incompetent that the successor trustee (or holder of a POA) have the authority to revoke the trust, or alternatively provide the distributions in the trust not be made in the same way at all so as not to fall foul of becoming a UK settlement.
Kevin Burke