Florida Florida Statutes

§ 86.051 — Enumeration not exclusive

FS § 86.051Ch. 86

Statute text

The enumeration in ss. 86.021, 86.031 and 86.041 does not limit or restrict the exercise of the general powers conferred in s. 86.011 in any action where declaratory relief is sought. Any declaratory judgment rendered pursuant to this chapter may be rendered by way of anticipation with respect to any act not yet done or any event which has not yet happened, and in such case the judgment shall have the same binding effect with respect to that future act or event, and the rights or liability to arise therefrom, as if that act or event had already been done or had already happened before the judgment was rendered.History.—s. 5, ch. 21820, 1 ardianship, or the estate of a decedent, an infant, a mental incompetent, or insolvent may have a declaration of rights or equitable or legal relations to:(1) Ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others;

(2)Direct the executor, administrator, or trustee to refrain from doing any particular act in his or her fiduciary capacity; or

(3)Determine any question relating to the administration of the guardianship, estate, or trust, including questions of construction of wills and other writings. For the purpose of this section, a “mental incompetent” is one who, because of mental illness, intellectual disability, senility, excessive use of drugs or alcohol, or other mental incapacity, is incapable of managing his or her property or caring for himself or herself or both.

Legislative history

s. 4, ch. 21820, 1943; s. 38, ch. 67-254; s. 1, ch. 88-33; s. 459, ch. 95-147; s. 3, ch. 2013-162.