Florida Statute 736.0402 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

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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.

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Amendments to 736.0402

Annotations, Discussions, Cases:

Cases Citing Statute 736.0402

Total Results: 4

Megiel-Rollo v. Megiel

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

District Court of Appeal of Florida | Filed: Apr 17, 2015 | Docket: 2650348

Cited 6 times | Published

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

Jasser v. Saadeh

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

District Court of Appeal of Florida | Filed: Jul 18, 2012 | Docket: 60311733

Cited 5 times | Published

the court the day that the trust was signed. Section 736.0402(1), Florida Statute (2008), provides that

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

251 So. 3d 919

District Court of Appeal of Florida | Filed: Jul 11, 2018 | Docket: 7406899

Cited 1 times | Published

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

John W. Schmitz v. Dorothy Joan Schmitz

District Court of Appeal of Florida | Filed: Sep 11, 2024 | Docket: 69151109

Published

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