Florida Statute 736.0403 | Lawyer Caselaw & Research

The 2024 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

Arrestable Offenses / Crimes under Fla. Stat. 736.0403

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 736.0403.

Annotations, Discussions, Cases:

Cases Citing Statute 736.0403

Total Results: 4

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

Court: District Court of Appeal of Florida | Date Filed: 2023-03-15

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

Kelly v. Lindenau

Court: District Court of Appeal of Florida | Date Filed: 2017-05-17

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

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

Bernal v. Marin

Court: District Court of Appeal of Florida | Date Filed: 2016-06-15

Citation: 196 So. 3d 432, 2016 Fla. App. LEXIS 9229, 2016 WL 3265760

Snippet: which provides as follows: (3) Subject to s. 736.0403(2), the set-tlor may revoke or amend a revocable

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: (1997) (repealed 2007, 2008) (current version at § 736.0403(4), Fla.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