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The 2025 Florida Statutes
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F.S. 689.075689.075 Inter vivos trusts; powers retained by settlor.—(1) A trust which is otherwise valid and which complies with s. 736.0403, including, but not limited to, a trust the principal of which is composed of real property, intangible personal property, tangible personal property, the possible expectancy of receiving as a named beneficiary death benefits as described in s. 733.808, or any combination thereof, and which has been created by a written instrument shall not be held invalid or an attempted testamentary disposition for any one or more of the following reasons:(a) Because the settlor or another person or both possess the power to revoke, amend, alter, or modify the trust in whole or in part; (b) Because the settlor or another person or both possess the power to appoint by deed or will the persons and organizations to whom the income shall be paid or the principal distributed; (c) Because the settlor or another person or both possess the power to add to, or withdraw from, the trust all or any part of the principal or income at one time or at different times; (d) Because the settlor or another person or both possess the power to remove the trustee or trustees and appoint a successor trustee or trustees; (e) Because the settlor or another person or both possess the power to control the trustee or trustees in the administration of the trust; (f) Because the settlor has retained the right to receive all or part of the income of the trust during her or his life or for any part thereof; or (g) Because the settlor is, at the time of the execution of the instrument, or thereafter becomes, sole trustee. (2) Nothing contained herein shall affect the validity of those accounts, including but not limited to bank accounts, share accounts, deposits, certificates of deposit, savings certificates, and other similar arrangements, heretofore or hereafter established at any bank, savings and loan association, or credit union by one or more persons, in trust for one or more other persons, which arrangements are, by their terms, revocable by the person making the same until her or his death or incompetency. (3) The fact that any one or more of the powers specified in subsection (1) are in fact exercised once, or more than once, shall not affect the validity of the trust or its nontestamentary character. (4) This section shall be applicable to trusts executed before or after July 1, 1969, by persons who are living on or after said date. (5) The amendment of this section, by chapter 75-74, Laws of Florida, is intended to clarify the legislative intent of this section at the time of its original enactment that it apply to all otherwise valid trusts which are created by written instrument and which are not expressly excluded by the terms of this section and that no such trust shall be declared invalid for any of the reasons stated in subsections (1) and (3) regardless of whether the trust involves or relates to an interest in real property. History.—ss. 1, 2, ch. 69-192; s. 1, ch. 69-1747; ss. 1, 2, ch. 71-126; s. 169, ch. 73-333; s. 1, ch. 74-78; ss. 1, 2, ch. 75-74; s. 5, ch. 95-401; s. 756, ch. 97-102; s. 22, ch. 2006-217.
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Annotations, Discussions, Cases:
Cases Citing Statute 689.075
Total Results: 15
615 So. 2d 661, 1993 WL 15589
Supreme Court of Florida | Filed: Jan 28, 1993 | Docket: 1184678
Cited 28 times | Published
thoroughly explored the histories of both section 689.075, Florida Statutes (1989), and sections 56 and
720 So. 2d 540, 1998 WL 438819
District Court of Appeal of Florida | Filed: Aug 5, 1998 | Docket: 1719058
Cited 8 times | Published
Nevertheless, we agree with the trial court. Section 689.075(1) indicates that an inter vivos trust should
792 So. 2d 695, 2001 WL 991554
District Court of Appeal of Florida | Filed: Aug 31, 2001 | Docket: 1735390
Cited 6 times | Published
rev. denied, 500 So.2d 544 (Fla.1986). See also § 689.075(1)(a), Fla. Stat.; G. Bogert, The Law of Trusts
397 So. 2d 970
District Court of Appeal of Florida | Filed: Apr 15, 1981 | Docket: 1706624
Cited 5 times | Published
spouse or minor child.
Appellant relies on Section 689.075, Florida Statutes (1977) to validate the conveyance
528 So. 2d 422, 1988 WL 59431
District Court of Appeal of Florida | Filed: Jun 15, 1988 | Docket: 1366748
Cited 3 times | Published
invalid because illusory, until what is now section 689.075, Florida Statutes, was enacted in 1969. (They
243 So. 2d 239, 46 A.L.R. 3d 477
District Court of Appeal of Florida | Filed: Jan 22, 1971 | Docket: 365805
Cited 3 times | Published
1969, F.S. § 689.075, F.S.A. While not applicable to the present trusts, F.S. § 689.075(2) F.S.A. specifically
585 So. 2d 303, 1991 WL 110880
District Court of Appeal of Florida | Filed: Sep 17, 1991 | Docket: 1293721
Cited 2 times | Published
subsequent amendments, is now codified as section 689.075, Florida Statutes (1989). The thrust of the
550 So. 2d 37, 1989 WL 95303
District Court of Appeal of Florida | Filed: Aug 16, 1989 | Docket: 1370622
Cited 2 times | Published
reject Mrs. Hendrickson's contention that section 689.075, Florida Statutes (1985), which preserves the
10 So. 3d 213, 2009 Fla. App. LEXIS 3446, 2009 WL 1066296
District Court of Appeal of Florida | Filed: Apr 22, 2009 | Docket: 1642390
Cited 1 times | Published
for the trust to survive. To the contrary, section 689.075(1), Florida Statutes (2005), validates trusts
297 B.R. 279
United States Bankruptcy Court, S.D. Florida. | Filed: Mar 25, 2010 | Docket: 1069667
Published
Stanley Jack as Settlor and Trustee. Fla.Stat. § 689.075(1) (stating that inter vivos trusts are valid
550 So. 2d 37, 14 Fla. L. Weekly 1958, 1989 Fla. App. LEXIS 4664
District Court of Appeal of Florida | Filed: Aug 16, 1989 | Docket: 64645477
Published
reject Mrs. Hendrickson’s contention that section 689.075, Florida Statutes (1985), which preserves the
850 F.2d 1453
Court of Appeals for the Eleventh Circuit | Filed: Aug 1, 1988 | Docket: 66236371
Published
the trust during his lifetime. Fla.Stat.Ann. § 689.075. Although at one time suspect, see, e.g., Croom
528 So. 2d 422, 13 Fla. L. Weekly 1403, 1988 Fla. App. LEXIS 2479
District Court of Appeal of Florida | Filed: Jun 15, 1988 | Docket: 64636015
Published
invalid because illusory, until what is now section 689.075, Florida Statutes, was enacted in 1969. (They
448 So. 2d 621, 1984 Fla. App. LEXIS 12771
District Court of Appeal of Florida | Filed: Apr 18, 1984 | Docket: 64604238
Published
PER CURIAM.
AFFIRMED. See § 689.075, Fla.Stat. (1983) and Tanner v. Robinson, 411 So.2d 240 (Fla. 3d
33 B.R. 95, 1983 Bankr. LEXIS 5382
United States Bankruptcy Court, M.D. Florida | Filed: Sep 20, 1983 | Docket: 65778533
Published
Totten Trusts subsequent to the adoption of F.S. 689.075 in 1969, Litsey v. First Federal Savings and
