Florida Statutes
Fla. Stat. § 732.513 (2025)
Devises to trustee.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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732.513 Devises to trustee.—
(1) A valid devise may be made to the trustee of a trust that is evidenced by a written instrument in existence at the time of making the will, or by a written instrument subscribed concurrently with making of the will, if the written instrument is identified in the will.
(2) The devise shall not be invalid for any or all of the following reasons:
(a) Because the trust is amendable or revocable, or both, by any person.
(b) Because the trust has been amended or revoked in part after execution of the will or a codicil to it.
(c) Because the only res of the trust is the possible expectancy of receiving, as a named beneficiary, a devise under a will or death benefits as described in s. 733.808, and even though the testator or other person has reserved any or all rights of ownership in the death benefit policy, contract, or plan, including the right to change the beneficiary.
(d) Because of any of the provisions of s. 689.075.
(3) The devise shall dispose of property under the terms of the instrument that created the trust as previously or subsequently amended.
(4) An entire revocation of the trust by an instrument in writing before the testator’s death shall invalidate the devise or bequest.
(5) Unless the will provides otherwise, the property devised shall not be held under a testamentary trust of the testator but shall become a part of the principal of the trust to which it is devised.
History.—s. 1, ch. 74-106; s. 3, ch. 75-74; s. 113, ch. 75-220; s. 2, ch. 88-340; s. 46, ch. 2001-226; s. 32, ch. 2006-217.
Note.—Created from former s. 736.17.
Notes of Decisions
Cited in 3
cases, 1981–1999 · leading case: In Re Est. of Rice, 406 So. 2d 469 (Fla. 3d DCA 1981).
In Re Est. of Rice, 406 So. 2d 469 (Fla. 3d DCA 1981). “If in any way, my desire and direction concerning the distribution of this asset will affect the validity that the distribution of this asset shall be made in such a way that it will not destroy the validity of said Marital Trust.”
Bravo v. Sauter, 727 So. 2d 1103 (Fla. 4th DCA 1999). “Pursuant to section 732.513(1), Florida Statutes (1979), a testator could devise a "pour-over" of the residue of his estate to a trust that was already in existence.”
Swan v. Florida Nat'l Bank of Miami, 445 So. 2d 622 (Fla. 3d DCA 1984). “Section 732.513, Florida Statutes (1981) states: Devises to trustee (1) A valid devise may be made to the trustee of a trust that is evidenced by a written instrument in existence at the time of making the will, or by a written instrument subscribed concurrently with making of…”
— 732.513(1) — 2 cases
In Re Est. of Rice, 406 So. 2d 469 (Fla. 3d DCA 1981). “If in any way, my desire and direction concerning the distribution of this asset will affect the validity that the distribution of this asset shall be made in such a way that it will not destroy the validity of said Marital Trust.”
Bravo v. Sauter, 727 So. 2d 1103 (Fla. 4th DCA 1999). “Pursuant to section 732.513(1), Florida Statutes (1979), a testator could devise a "pour-over" of the residue of his estate to a trust that was already in existence.”
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