Florida Statutes
Fla. Stat. § 736.0402 (2025)
Requirements for creation.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
(c) The trust has a definite beneficiary or is:
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.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 2009–2024 · leading case: Rebecca Rachins & Richard Z. Minassian v. Zaven Minassian Trust, Etc., 251 So. 3d 919 (Fla. 4th DCA 2018).
Rebecca Rachins & Richard Z. Minassian v. Zaven Minassian Trust, Etc., 251 So. 3d 919 (Fla. 4th DCA 2018). “The trial court entered summary judgment in favor of the defendants on Counts 1 and 2, ruling in relevant part that: (1) the children “lack standing as they are not beneficiaries or qualified beneficiaries of the original Trust, as amended by the trust protector”; and (2)…”
Jasser v. Saadeh, 97 So. 3d 241 (Fla. 4th DCA 2012). “Section 736.0402(1), Florida Statute (2008), provides that “[ajtrust is created only if: (a) the settler has capacity to create a trust.”
Welch v. Crow, 2009 OK 20 (Okla. 2009). “02 (2009); Fla. Stat. Ann. § 736.0402 (2009); Kan. Stat.”
Megiel-Rollo v. Megiel, 162 So. 3d 1088 (Fla. 2d DCA 2015). “REVOCABLE TRUST was never created pursuant to Florida Statutes § 736.0402 as there were no definite beneficiaries to the purported Trust, and so the P.”
John W. Schmitz v. Dorothy Joan Schmitz (Fla. 3d DCA 2024). “See § 736.0402, Fla. Stat. (listing elements for creation of a trust, including an ascertainable beneficiary and duties of trustee); Fraser v.”
— 736.0402(1) — 1 case
Jasser v. Saadeh, 97 So. 3d 241 (Fla. 4th DCA 2012). “Section 736.0402(1), Florida Statute (2008), provides that “[ajtrust is created only if: (a) the settler has capacity to create a trust.”
— 736.0402(1)(e) — 1 case
Rebecca Rachins & Richard Z. Minassian v. Zaven Minassian Trust, Etc., 251 So. 3d 919 (Fla. 4th DCA 2018). “The trial court entered summary judgment in favor of the defendants on Counts 1 and 2, ruling in relevant part that: (1) the children “lack standing as they are not beneficiaries or qualified beneficiaries of the original Trust, as amended by the trust protector”; and (2)…”
— 736.0402(l)(a) — 1 case
Jasser v. Saadeh, 97 So. 3d 241 (Fla. 4th DCA 2012). “Section 736.0402(1), Florida Statute (2008), provides that “[ajtrust is created only if: (a) the settler has capacity to create a trust.”
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