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The Florida Senate

2006 Florida Statutes

Execution requirements for express trusts.
Section 737.111, Florida Statutes 2006

1737.111  Execution requirements for express trusts.--

(1)  The testamentary aspects of a trust defined in s. 731.201(34), are invalid unless the trust instrument is executed by the grantor with the formalities required for the execution of a will.

(2)  The testamentary aspects of a trust created by a nonresident of Florida, either before or after this law takes effect, are not invalid because the trust does not meet the requirements of this section, if the trust is valid under the laws of the state or country where the settlor was at the time of execution.

(3)  The testamentary aspects of an amendment to a trust are invalid unless the amendment is executed by the settlor with the same formalities as a will.

(4)  For the purposes of this section, the term "testamentary aspects" means those provisions of the trust that dispose of the trust property on or after the death of the settlor other than to the settlor's estate.

(5)  This section shall 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.

(6)  This section shall not apply to trust instruments executed prior to October 1, 1995.

History.--s. 11, ch. 95-401; s. 4, ch. 97-240; s. 193, ch. 2001-226; s. 48, ch. 2006-217.

1Note.--Repealed July 1, 2007, by s. 48, ch. 2006-217.