Florida Statute 736.0401 - Full Text and Legal Analysis

736.0401 Methods of creating trust.—A trust may be created by:

(1) Transfer of property to another person as trustee during the settlor’s lifetime or by will or other disposition taking effect on the settlor’s death;

(2) Declaration by the owner of property that the owner holds identifiable property as trustee; or

(3) Exercise of a power of appointment in favor of a trustee.

History.—s. 4, ch. 2006-217.

Cases Citing F.S. 736.0401

Fla. Stat. § 736.0401 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
1 resultSort: Relevance · Newest · Treatment
Copy
J. Scott Lanford, Tr. of the Kirk Fam. Found. Vs Robin Phemister, Pers. Rep. of the Est. of Mary L. Dillard & as Tr. of the Testamentary Trust of Mary L. Dillard (Fla. 5th DCA 2022).
Published | Florida 5th District Court of Appeal
...property owner had no intention of making a transfer during her lifetime. See Restatement (Third) of Trusts § 17 cmt. a (2003). A “testamentary trust” is created by will and must satisfy the formalities required to execute a will. Id.; see also § 736.0401(1), Fla....

This Florida statute resource is curated by this site's author, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.

Florida/Georgia Personal Injury & Workers Compensation

Cases Citing F.S. 736.0401

J. Scott Lanford, Tr. of the Kirk Fam. Found. Vs Robin Phemister, Pers. Rep. of the Est. of Mary L. Dillard & as Tr. of the Testamentary Trust of Mary L. Dillard (Fla. 5th DCA 2022).