Florida Statute 689.5 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 689
CONVEYANCES OF LAND AND DECLARATIONS OF TRUST

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F.S. 689.05

689.05 How declarations of trust proved.—All declarations and creations of trust and confidence of or in any messuages, lands, tenements or hereditaments shall be manifested and proved by some writing, signed by the party authorized by law to declare or create such trust or confidence, or by the party’s last will and testament, or else they shall be utterly void and of none effect; provided, always, that where any conveyance shall be made of any lands, messuages or tenements by which a trust or confidence shall or may arise or result by the implication or construction of law, or be transferred or extinguished by the act and operation of law, then, and in every such case, such trust or confidence shall be of the like force and effect as the same would have been if this section had not been made, anything herein contained to the contrary in anywise notwithstanding.

History.—s. 2, Nov. 15, 1828; RS 1951; GS 2452; RGS 3791; CGL 5664; s. 754, ch. 97-102.

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Amendments to 689.05

Annotations, Discussions, Cases:

Cases Citing Statute 689.05

Total Results: 17

Zuckerman v. Alter

615 So. 2d 661, 1993 WL 15589

Supreme Court of Florida | Filed: Jan 28, 1993 | Docket: 1184678

Cited 28 times | Published

in the presence of two subscribing witnesses), § 689.05 (requiring trusts of real property to be written

Grapes v. Mitchell

159 So. 2d 465

Supreme Court of Florida | Filed: Nov 15, 1963 | Docket: 423727

Cited 22 times | Published

contravention of the statute of frauds. The statute [F.S. § 689.05, F.S.A.] provides that express trusts must be

Brevard County v. Ramsey

658 So. 2d 1190, 1995 WL 471654

District Court of Appeal of Florida | Filed: Aug 11, 1995 | Docket: 1525105

Cited 18 times | Published

of no effect. The Ramseys counter by citing section 689.05, Florida Statutes (1993): How Declarations

Brigham v. Brigham

11 So. 3d 374, 2009 Fla. App. LEXIS 1501, 2009 WL 454492

District Court of Appeal of Florida | Filed: Feb 25, 2009 | Docket: 1233798

Cited 11 times | Published

does not include a land trust created under section 689.05. However, the trust created by the EFP Brigham

Hallam v. Gladman

132 So. 2d 198

District Court of Appeal of Florida | Filed: Jul 28, 1961 | Docket: 1382278

Cited 9 times | Published

Crockett, 1940, 145 Fla. 311, 199 So. 337; and section 689.05, Florida Statutes, F.S.A. The judgment reason

Zanakis v. Zanakis

629 So. 2d 181, 1993 WL 444863

District Court of Appeal of Florida | Filed: Nov 3, 1993 | Docket: 1263384

Cited 7 times | Published

writing even though they involve real property. Section 689.05, Florida Statutes (1991), and Quinn v. Phipps

Martin v. Wilson

115 So. 2d 573

District Court of Appeal of Florida | Filed: Nov 5, 1959 | Docket: 1506310

Cited 7 times | Published

violation of the statute of frauds, as well as F.S. Section 689.05, F.S.A., which provides that express trusts

Rappaport v. Kalstein

24 So. 2d 301, 156 Fla. 722, 1946 Fla. LEXIS 613

Supreme Court of Florida | Filed: Jan 4, 1946 | Docket: 3274052

Cited 5 times | Published

either express, resulting or constructive. Section 689.05, Florida Statutes 1941, defines the manner

Persan v. Life Concepts, Inc.

738 So. 2d 1008, 1999 Fla. App. LEXIS 10585, 1999 WL 576390

District Court of Appeal of Florida | Filed: Aug 6, 1999 | Docket: 138783

Cited 3 times | Published

writing, appellees rely on section 737.501(6) and section 689.05, Florida Statutes (1997). Reading *1012 Part

Foundation for the Developmentally Disabled, Inc. v. Step by Step Early Childhood Education & Therapy Center, Inc.

29 So. 3d 1221, 2010 Fla. App. LEXIS 3897, 2010 WL 1135901

District Court of Appeal of Florida | Filed: Mar 26, 2010 | Docket: 1135375

Cited 2 times | Published

involving land must be in writing to be valid. § 689.05, Fla. Stat. (2008). Nevertheless, a resulting

Lamb v. Jones

202 So. 2d 810

District Court of Appeal of Florida | Filed: Sep 19, 1967 | Docket: 1305078

Cited 2 times | Published

always created by an instrument in writing. See: § 689.05, Fla. Stat., F.S.A. And, if appears that there

Johnson v. Johnson

845 So. 2d 217, 2003 WL 1883654

District Court of Appeal of Florida | Filed: Mar 7, 2003 | Docket: 1433113

Cited 1 times | Published

defaults against Marlae and William. [4] See § 689.05, Fla. Stat. (1991); Brevard County v. Ramsey,

Ago

Florida Attorney General Reports | Filed: Dec 10, 2008 | Docket: 3255923

Published

that a trust agreement executed pursuant to section 689.05, Florida Statutes, which relates to "declarations

International Food Corp. of America v. United States (In re International Food Corp.)

55 B.R. 937, 1985 Bankr. LEXIS 4739

United States Bankruptcy Court, M.D. Florida | Filed: Dec 19, 1985 | Docket: 65779057

Published

shall be utterly void and of none effect;.... ” Section 689.05, Fla.Stat. Although the foreign investors were

Morton v. Morton

227 So. 2d 84

District Court of Appeal of Florida | Filed: Oct 15, 1969 | Docket: 64511657

Published

846; Cooey v. Cooey, 132 Fla. 716, 182 So. 202; § 689.05, Fla.Stat., F.S.A.; 33 Fla.Jur., Trusts, §§ 12

Mitchell v. Grapes

146 So. 2d 591

District Court of Appeal of Florida | Filed: Nov 20, 1962 | Docket: 60207969

Published

property ; that the plaintiffs’ action is barred by § 689.05 Fla.Stat., F.S.A., in that the plaintiffs *594seek

Mills v. Mills

112 So. 2d 298, 1959 Fla. App. LEXIS 2930

District Court of Appeal of Florida | Filed: May 6, 1959 | Docket: 60192549

Published

trusts which if oral, are unenforcible under section 689.05, Florida Statutes, F.S.A.10 *301If this provision