Florida Statute 732.513 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS

View Entire Chapter

F.S. 732.513

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.

F.S. 732.513 on Google Scholar

F.S. 732.513 on Casetext

Amendments to 732.513

Arrestable Offenses / Crimes under Fla. Stat. 732.513

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 732.513.

Annotations, Discussions, Cases:

Cases Citing Statute 732.513

Total Results: 3

Bravo v. Sauter

Court: District Court of Appeal of Florida | Date Filed: 1999-03-10

Citation: 727 So. 2d 1103

Snippet: the issue on cross-appeal. Pursuant to section 732.513(1), Florida Statutes (1979), a testator could devise

Swan v. Florida National Bank of Miami

Court: District Court of Appeal of Florida | Date Filed: 1984-02-07

Citation: 445 So. 2d 622, 1984 Fla. App. LEXIS 11732

Snippet: sufficiently to permit its identification. Section 732.513, Florida Statutes (1981) states: Devises to trustee

In Re Estate of Rice

Court: District Court of Appeal of Florida | Date Filed: 1981-09-29

Citation: 406 So. 2d 469

Snippet: specific named trustees as authorized by Section 732.513(1), Florida Statutes (1977) [compare Section 731