Florida Statute 689.075 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 689
CONVEYANCES OF LAND AND DECLARATIONS OF TRUST

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F.S. 689.075

689.075 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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Amendments to 689.075

Arrestable Offenses / Crimes under Fla. Stat. 689.075

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 689.075.

Annotations, Discussions, Cases:

Cases Citing Statute 689.075

Total Results: 14

Hansen v. Bothe

Court: District Court of Appeal of Florida | Date Filed: 2009-04-22

Citation: 10 So. 3d 213, 2009 Fla. App. LEXIS 3446, 2009 WL 1066296

Snippet: the trust to survive. To the contrary, section 689.075(1), Florida Statutes (2005), validates trusts with

Rollins v. Alvarez

Court: District Court of Appeal of Florida | Date Filed: 2001-08-31

Citation: 792 So. 2d 695, 2001 WL 991554

Snippet: denied, 500 So.2d 544 (Fla.1986). See also § 689.075(1)(a), Fla. Stat.; G. Bogert, The Law of Trusts

In Re Estate of Robinson

Court: District Court of Appeal of Florida | Date Filed: 1998-08-05

Citation: 720 So. 2d 540, 1998 WL 438819

Snippet: Nevertheless, we agree with the trial court. Section 689.075(1) indicates that an inter vivos trust should not

Zuckerman v. Alter

Court: Supreme Court of Florida | Date Filed: 1993-01-28

Citation: 615 So. 2d 661, 1993 WL 15589

Snippet: great public importance: *662 WHETHER PARAGRAPH 689.075(1)(g), FLORIDA STATUTES (1989), CREATES A SINGLE

Alter v. Zuckerman

Court: District Court of Appeal of Florida | Date Filed: 1991-09-17

Citation: 585 So. 2d 303, 1991 WL 110880

Snippet: subsequent amendments, is now codified as section 689.075, Florida Statutes (1989). The thrust of the statute

Donovan v. Hendrickson

Court: District Court of Appeal of Florida | Date Filed: 1989-08-16

Citation: 550 So. 2d 37, 14 Fla. L. Weekly 1958, 1989 Fla. App. LEXIS 4664

Snippet: reject Mrs. Hendrickson’s contention that section 689.075, Florida Statutes (1985), which preserves the validity

In Re Estate of Donovan

Court: District Court of Appeal of Florida | Date Filed: 1989-08-16

Citation: 550 So. 2d 37, 1989 WL 95303

Snippet: reject Mrs. Hendrickson's contention that section 689.075, Florida Statutes (1985), which preserves the validity

Kent v. Katz

Court: District Court of Appeal of Florida | Date Filed: 1988-06-15

Citation: 528 So. 2d 422, 13 Fla. L. Weekly 1403, 1988 Fla. App. LEXIS 2479

Snippet: invalid because illusory, until what is now section 689.075, Florida Statutes, was enacted in 1969. (They have

In Re Estate of Katz

Court: District Court of Appeal of Florida | Date Filed: 1988-06-15

Citation: 528 So. 2d 422, 1988 WL 59431

Snippet: invalid because illusory, until what is now section 689.075, Florida Statutes, was enacted in 1969. (They have

In re Trust Agreement of Kelly

Court: District Court of Appeal of Florida | Date Filed: 1984-04-18

Citation: 448 So. 2d 621, 1984 Fla. App. LEXIS 12771

Snippet: PER CURIAM. AFFIRMED. See § 689.075, Fla.Stat. (1983) and Tanner v. Robinson, 411 So.2d 240 (Fla. 3d

In Re Estate of Johnson

Court: District Court of Appeal of Florida | Date Filed: 1981-04-15

Citation: 397 So. 2d 970

Snippet: spouse or minor child. Appellant relies on Section 689.075, Florida Statutes (1977) to validate the conveyance

Litsey v. First Federal Savings & Loan Ass'n of Tampa

Court: District Court of Appeal of Florida | Date Filed: 1971-01-22

Citation: 243 So. 2d 239, 46 A.L.R. 3d 477

Snippet: 1969, F.S. § 689.075, F.S.A. While not applicable to the present trusts, F.S. § 689.075(2) F.S.A. specifically

Eglin Village, Inc. v. Barnett National Bank of Jacksonville

Court: Supreme Court of Florida | Date Filed: 1956-03-14

Citation: 86 So. 2d 271, 1956 Fla. LEXIS 3646

Snippet: that the reasonable cost of the repairs was $8,689.75. Claim was filed against the estate and the appellee

In Re: Estate of Aldrich Withington v. Acton

Court: Supreme Court of Florida | Date Filed: 1941-09-12

Citation: 3 So. 2d 856, 148 Fla. 121

Snippet: Ala. 502, 73 So. 21; Gaither v. Philips, 199 Ala. 689,75 So. 295; Shirley v. Ezell, 180 Ala. 352, 60 So