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: Fla. Dist. Ct. App. | Date Filed: 2009-04-22T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2001-08-31T00:53:00-07:00

Citation: 792 So. 2d 695

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: Fla. Dist. Ct. App. | Date Filed: 1998-08-05T00:53:00-07:00

Citation: 720 So. 2d 540

Snippet: Nevertheless, we agree with the trial court. Section 689.075(1) indicates that an inter vivos trust should not…testamentary aspects must be executed like one. See § 689.075(1), Fla. Stat. (1997); see also Zuckerman, 615

Zuckerman v. Alter

Court: Fla. | Date Filed: 1993-01-27T23:53:00-08:00

Citation: 615 So. 2d 661

Snippet: Statutes, is amended by adding Section 689.075, to read: 689.075 Inter vivos trust; powers retained by …subsection (1) of section 689.075, Florida Statutes, is amended to read: 689.075 Inter vivos trusts; powers…legislative intent of s. 689.075 at the time of its original enactment, that s. 689.075 applies to all otherwise…great public importance: *662 WHETHER PARAGRAPH 689.075(1)(g), FLORIDA STATUTES (1989), CREATES A SINGLE… court's decision and hold that subsection 689.075(1)(g) creates two alternative tests, not a single

Alter v. Zuckerman

Court: Fla. Dist. Ct. App. | Date Filed: 1991-09-17T00:53:00-07:00

Citation: 585 So. 2d 303

Snippet: paragraph 689.075(1)(g), which is pivotal for the present case. The statute provides: 689.075 Inter vivos…Section 689.075 originated as a proposal for statutory reform by James S. Roth. Compare § 689.075, Fla. …Statutes, is amended by adding section 689.075, to read: 689.075 Inter vivos trusts; powers retained by…subsection (1) of section 689.075, Florida Statutes, is amended to read: 689.075 Inter vivos trusts; powers…Section 1. Section 689.075, Florida Statutes, 1974 Supplement, is amended to read: 689.075 Inter vivos trusts

In Re Estate of Donovan

Court: Fla. Dist. Ct. App. | Date Filed: 1989-08-16T00:53:00-07:00

Citation: 550 So. 2d 37

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

Donovan v. Hendrickson

Court: Fla. Dist. Ct. App. | Date Filed: 1989-08-16T00:00:00-07:00

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 Katz

Court: Fla. Dist. Ct. App. | Date Filed: 1988-06-15T00:53:00-07:00

Citation: 528 So. 2d 422

Snippet: invalid because illusory, until what is now section 689.075, Florida Statutes, was enacted in 1969. (They have…calling that statute to our attention. Section 689.075 says in part the following: (1) A trust which is…administration and the elective share. We think section 689.075 makes inter vivos trusts a legitimate way of reducing…interest in his property. Having adopted section 689.075, Florida Statutes, the Florida Legislature cannot

Kent v. Katz

Court: Fla. Dist. Ct. App. | Date Filed: 1988-06-15T00:00:00-07:00

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…calling that statute to our attention. Section 689.075 says in part the following: (1) A trust which is…administration and the elective share. We think section 689.075 makes inter vivos trusts a legitimate way of reducing…interest in his property. Having adopted section 689.-075, Florida Statutes, the Florida Legislature cannot

In re Trust Agreement of Kelly

Court: Fla. Dist. Ct. App. | Date Filed: 1984-04-18T00:00:00-08:00

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 (

In Re Estate of Johnson

Court: Fla. Dist. Ct. App. | Date Filed: 1981-04-14T23:53:00-08:00

Citation: 397 So. 2d 970

Snippet: spouse or minor child. Appellant relies on Section 689.075, Florida Statutes (1977) to validate the conveyance…interest in the property until his death. If Section 689.075 was construed to authorize the devise of homestead…Court in Johns, supra. We hold only that Section 689.075 does not authorize a disposition of homestead property…prohibited attempted testamentary disposition. Section 689.075 Florida Statutes (1979) provides that a trust containing

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

Court: Fla. Dist. Ct. App. | Date Filed: 1971-01-21T23:53:00-08:00

Citation: 243 So. 2d 239

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: Fla. | Date Filed: 1956-03-14T00:00:00-08:00

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: Fla. | Date Filed: 1941-09-12T00:00:00-08:00

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.