Florida Statute 736.403 - 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. 736.0403

736.0403 Trusts created in other jurisdictions; formalities required for revocable trusts.—

(1) A trust not created by will is validly created if the creation of the trust complies with the law of the jurisdiction in which the trust instrument was executed or the law of the jurisdiction in which, at the time of creation, the settlor was domiciled.

(2) Notwithstanding subsection (1):

(a) No trust or confidence of or in any messuages, lands, tenements, or hereditaments shall arise or result unless the trust complies with the provisions of s. 689.05.

(b) The testamentary aspects of a revocable trust, executed by a settlor who is a domiciliary of this state at the time of execution, are invalid unless the trust instrument is executed by the settlor with the formalities required for the execution of a will in this state. For purposes of this subsection, the term “testamentary aspects” means those provisions of the trust instrument that dispose of the trust property on or after the death of the settlor other than to the settlor’s estate.

(3) Paragraph (2)(b) does not apply to trusts established as part of an employee annuity described in s. 403 of the Internal Revenue Code of 1986, as amended, an individual retirement account as described in s. 408 of the Internal Revenue Code of 1986, as amended, a Keogh (HR-10) Plan, or a retirement or other plan that is qualified under s. 401 of the Internal Revenue Code of 1986, as amended.

(4) Paragraph (2)(b) applies to trusts created on or after the effective date of this code. Former s. 737.111, as in effect prior to the effective date of this code, continues to apply to trusts created before the effective date of this code.

History.—s. 4, ch. 2006-217; s. 103, ch. 2019-3.

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Amendments to 736.0403

Annotations, Discussions, Cases:

Cases Citing Statute 736.0403

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

(1997) (repealed 2007, 2008) (current version at § 736.0403(4), Fla. Stat. (2014)). The Trust instrument

Kelly v. Lindenau

223 So. 3d 1074, 2017 WL 2180970, 2017 Fla. App. LEXIS 6959

District Court of Appeal of Florida | Filed: May 17, 2017 | Docket: 6062502

Cited 3 times | Published

as are required for the execution of a will. § 736,0403(2)(b), Fla. Stat. (2014). 6 In turn

RAUL PARISI v. MARIA ISABEL QUADRI DE KINGSTON, etc.

District Court of Appeal of Florida | Filed: Mar 15, 2023 | Docket: 67012406

Published

the execution of a will. Id. (citing § 736.0403(2)(b), Fla. Stat. (2014)). As such, the

In Re Rogove

443 B.R. 182, 22 Fla. L. Weekly Fed. B 598, 2010 Bankr. LEXIS 3298

United States Bankruptcy Court, S.D. Florida. | Filed: Sep 17, 2010 | Docket: 2066556

Published

trust with testamentary aspects.[3]See FLA. STAT. § 736.0403(2)(b); Robinson v. Robinson (In re Estate of