Florida Statute 736.0402 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

View Entire Chapter

F.S. 736.0402

736.0402 Requirements for creation.—

(1) A trust is created only if:

(a) The settlor has capacity to create a trust.

(b) The settlor indicates an intent to create the trust.

1. A charitable trust;

2. A trust for the care of an animal, as provided in s. 736.0408; or

3. A trust for a noncharitable purpose, as provided in s. 736.0409.

(d) The trustee has duties to perform.

(e) The same person is not the sole trustee and sole beneficiary.

(2) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.

(3) A power of a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred.

History.—s. 4, ch. 2006-217.

F.S. 736.0402 on Google Scholar

F.S. 736.0402 on Casetext

Amendments to 736.0402

Arrestable Offenses / Crimes under Fla. Stat. 736.0402

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 736.0402.

Annotations, Discussions, Cases:

Cases Citing Statute 736.0402

Total Results: 5

John W. Schmitz v. Dorothy Joan Schmitz

Court: District Court of Appeal of Florida | Date Filed: 2024-09-11

Snippet: court’s jurisdiction to make such findings. See § 736.0402, Fla. Stat. (listing elements for creation of

REBECCA RACHINS and RICHARD Z. MINASSIAN v. ZAVEN MINASSIAN TRUST, etc.

Court: District Court of Appeal of Florida | Date Filed: 2018-07-11

Citation: 251 So. 3d 919

Snippet: amended by the trust protector”; and (2) section 736.0402, Florida Statutes, which states that a trust is

Jeffrey Gossett v. Nina M. Gossett, etc., Jennifer Gossett, Glen Gossett, Michelle Gossett, Jake Gossett, Tyler Hering and Krista A. Hering

Court: District Court of Appeal of Florida | Date Filed: 2015-12-16

Citation: 182 So. 3d 694, 2015 Fla. App. LEXIS 18803

Snippet: execution, invalidity under sections 736.06Ó1 and 736.0402(l)(a), Florida Statutes, undue influence, duress

Megiel-Rollo v. Megiel

Court: District Court of Appeal of Florida | Date Filed: 2015-04-17

Citation: 162 So. 3d 1088, 2015 Fla. App. LEXIS 5601, 2015 WL 1740365

Snippet: was never created pursuant to Florida Statutes § 736.0402 as there were no definite beneficiaries to the

Jasser v. Saadeh

Court: District Court of Appeal of Florida | Date Filed: 2012-07-18

Citation: 97 So. 3d 241, 2012 Fla. App. LEXIS 11670, 2012 WL 2912950

Snippet: court the day that the trust was signed. Section 736.0402(1), Florida Statute (2008), provides that “[ajtrust