Florida Statutes
Fla. Stat. § 689.05 (2025)
How declarations of trust proved.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 17
cases, 1946–2010 · leading case: Brevard Cnty. v. Ramsey, 658 So. 2d 1190 (Fla. 5th DCA 1995).
Brevard Cnty. v. Ramsey, 658 So. 2d 1190 (Fla. 5th DCA 1995). “The Ramseys counter by citing section 689.05, Florida Statutes (1993): How Declarations of Trust Proved.”
Brigham v. Brigham, 11 So. 3d 374 (Fla. 3d DCA 2009). “201(33), states it does not include a land trust created under section 689.05. However, the trust created by the EFP Brigham Land Trust No.”
Found. for the Developmentally Disabled, Inc. v. Step by Step Early Childhood Educ. & Therapy Ctr., Inc., 29 So. 3d 1221 (Fla. 2d DCA 2010). “§ 689.05, Fla. Stat. (2008). Nevertheless, a resulting trust or a constructive trust may be created based on the conduct of the parties.”
Persan v. Life Concepts, Inc., 738 So. 2d 1008 (Fla. 3d DCA 1999). “501(6) and section 689.05, Florida Statutes (1997). Reading *1012 Part V of Chapter 737 yields no clear answer.”
Zuckerman v. Alter, 615 So. 2d 661 (Fla. 1993). “" In Florida, formalities for the conveyance of real property are similar to will execution formalities.”
Grapes v. Mitchell, 159 So. 2d 465 (Fla. 1963). “The statute [F.S. § 689.05, F.S.A.] provides that express trusts must be evidenced by some writing signed by the party authorized by law to declare or create such trusts or else it is void and of no effect.”
Zanakis v. Zanakis, 629 So. 2d 181 (Fla. 4th DCA 1993). “Section 689.05, Florida Statutes (1991), and Quinn v.”
Hallam v. Gladman, 132 So. 2d 198 (Fla. 2d DCA 1961). “Hallam to salvage some part of what had once been a large estate would not be inconsistent with a desire to effect the saving for her daughter. This is particularly true in view of her daughter's devoted ministrations through the years and in view of the fact that plaintiff had…”
Martin v. Wilson, 115 So. 2d 573 (Fla. 1st DCA 1959). “Section 689.05, F.S.A., which provides that express trusts may be established only by an instrument in writing.”
Rappaport v. Kalstein, 24 So. 2d 301 (Fla. 1946). “Section 689.05, Florida Statutes 1941, defines the manner in which trusts may be created and proven in this state and we find no allegation in the bill of complaint that could be construed as meeting this requirement of the law.”
Mitchell v. Grapes, 146 So. 2d 591 (Fla. 3d DCA 1962). “Defendant then filed her answer in which she denied the existence of any trust and alleged that the waivers in the county judge’s court and the quit-claim deed estopped the plaintiffs from having or claiming any right, title or interest in or to the property ; that the…”
Johnson v. Johnson, 845 So. 2d 217 (Fla. 2d DCA 2003). “[4] See § 689.05, Fla. Stat. (1991); Brevard County v.”
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