Requirements for creation.
F.S. 736.0402
in effect(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.
Source: FL Statutes (Official Site)URL: https://www.flsenate.gov/Laws/Statutes/2025/Chapter736/AllFetched: 7/8/2026