Florida Statute 736.0401 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

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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.

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Amendments to 736.0401

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Cases Citing Statute 736.0401

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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....

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