CopyCited 28 times | Published | Supreme Court of Florida | 1993 WL 15589
...e trust is "otherwise valid." In Florida, formalities for the conveyance of real property are similar to will execution formalities. §
689.01 (requiring real estate conveyances to be written and signed in the presence of two subscribing witnesses), §
689.05 (requiring trusts of real property to be written and signed), Fla....
CopyCited 22 times | Published | Supreme Court of Florida
...mother's estate. Respondent contends that the estate involved real property and the sale thereof, that the deed recited consideration which cannot be questioned as between the parties, and that the oral trust failed under the provisions of F.S. Sec. 689.05, F.S.A....
...rust. Respondent's testimony, if believed, would not affect a trust existing prior to her interest in the family affairs. "A resulting trust may be established by parol evidence and is not in contravention of the statute of frauds. The statute [F.S. § 689.05, F.S.A.] provides that express trusts must be evidenced by some writing signed by the party authorized by law to declare or create such trusts or else it is void and of no effect....
CopyCited 18 times | Published | Florida 5th District Court of Appeal | 1995 WL 471654
...itnesses, by the party granting, conveying, or assigning, or by his attorney or agent thereunto lawfully authorized, or by last will and testament duly made and executed, or else the same shall be void and of no effect. The Ramseys counter by citing section 689.05, Florida Statutes (1993): How Declarations of Trust Proved....
...at interest entitles Enterprises to business damages under section
73.071(3)(b), Florida Statutes. I. VALIDITY OF THE TRUST We agree with the Ramseys that under the facts of this case two witnesses were not required to create a trust by declaration. Section
689.05, Florida Statutes, a statute of frauds, provides in pertinent part: ......
...shall be manifested and proved by some writing, signed by the party authorized by law to declare or create such trust. .. . Witnesses are not required by the statute when a trust of land is created by written declaration by one authorized by law, in this case the owner, the Ramseys. To prove a trust created under section 689.05, it is not necessary that the writing be a deed or that it be witnessed....
...pply. See Flinn v. Van Devere,
502 So.2d 454 (Fla. 3d DCA 1986), rev. denied,
511 So.2d 998 (Fla. 1987) (holding that attempted inter vivos transfer of real property to a trustee merely by a witnessed declaration was void, but failing to cite either section
689.05 or section
689.06)....
...another). Accordingly, because the Ramseys did not need to transfer title to the property in order to create a trust of their land with themselves as trustee, they did not need to comply with section
689.06, and it was enough that they complied with section
689.05....
...White, 594 S.W.2d 632 (Mo. App. 1980). That is, the beneficiary becomes "seized" of the legal estate when the statute executes the trust. Elvins. Declarations of trusts execute the Statute of Uses. See, e.g., Sheridan v. Coughlin, 352 Pa. 226, 42 A.2d 618 (1945). Section
689.05 provides that declarations of trust are valid if they are "manifested and proved by some writing, signed by the party authorized by law to declare or create such trust." It does not require the document to be witnessed to be effective. Where a document meets the requirements of section
689.05, it meets the formalities for conveyancing property and nothing further is required. See Zuckerman v. Alter,
615 So.2d 661, 663 (Fla. 1993). Zuckerman noted that the formalities for conveyancing property are different in sections
689.01 (how real estate is conveyed) and
689.05 (how declarations of trust are proved)....
CopyCited 11 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 1501, 2009 WL 454492
...Chapter 737 has been applied by courts to regulate and to rule on land trusts, and chapter 737 is directly referred to in the Florida Land Trust Act, section
689.071(5). The definition of a "trust" under section
731.201(33), states it does not include a land trust created under section
689.05. However, the trust created by the EFP Brigham Land Trust No. 1 dated September 28, 1991 (the "EFP Trust"), was not a land trust created under section
689.05....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal
...ceived them, such promise was an attempt to create an oral express trust and was unenforceable. See Mills v. Mills, Fla.App. 1959,
112 So.2d 298; Wodonos v. Wodonos, Fla., 1952,
62 So.2d 78; Crockett v. Crockett, 1940,
145 Fla. 311,
199 So. 337; and section
689.05, Florida Statutes, F.S.A....
CopyCited 7 times | Published | Florida 1st District Court of Appeal
...The chancellor dismissed plaintiff's third amended complaint with prejudice pursuant to defendants' motion made upon the specified grounds that the complaint failed to state a cause of action; that the claim, if any, is barred by laches; that plaintiff's claim is in violation of the statute of frauds, as well as F.S. Section 689.05, F.S.A., which provides that express trusts may be established only by an instrument in writing....
...The order dismissing the complaint is accordingly affirmed. Affirmed. STURGIS and CARROLL, DONALD K., JJ., concur. NOTES [1] Pyle v. Pyle, Fla. 1951,
53 So.2d 312; Walker v. Landress,
111 Fla. 356,
149 So. 545. [2] Walker v. Landress, see note 1. [3] Section
689.05, F.S....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 1993 WL 444863
...1st DCA 1993). This exception to the parol evidence rule is consistent with and may well have emanated from our statute of frauds which specifically excepts these equitable trusts from having to be in writing even though they involve real property. Section 689.05, Florida Statutes (1991), and Quinn v....
CopyCited 5 times | Published | Supreme Court of Florida | 156 Fla. 722, 1946 Fla. LEXIS 613
...nd daughter impress a trust upon the property because of an alleged oral promise by the grantee to hold the property in trust for her father. With respect to the manner in which they are created, trusts are either express, resulting or constructive. Section 689.05, Florida Statutes 1941, defines the manner in which trusts may be created and proven in this state and we find no allegation in the bill of complaint that could be construed as meeting this requirement of the law....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1999 Fla. App. LEXIS 10585, 1999 WL 576390
...rt of the threshold for reversal of the lower court's evaluation that the evidence was too weak to support a verdict for the plaintiffs. As for the question of whether a charitable trust has to be in writing, appellees rely on section 737.501(6) and section 689.05, Florida Statutes (1997)....
...Reading *1012 Part V of Chapter 737 yields no clear answer. Some portions of it do appear to limit its application to private foundation trusts and split interest trusts, but other subsections suggest the opposite. See § 737.501(6), § 737.502, .506-.08. [1] Section 689.05 does make clear, however, that creation of a trust in land must be in writing and signed by the party creating the trust....
...Instead, the inference is that the transferor in such a case intends to make a gift to the transferee. Restatement (Third) of the Law: Trusts § 7 (Tentative Draft No. 1, 1996). Here, there is no "implication of law" that excuses the failure to follow the formalities required by section 689.05 for creation of a trust....
...t instrument, including a will." However, such provision relates to "private foundation trusts and split interest trusts" which are conceded not to be present in this case. See section 737.502, Florida Statutes (1997). The more applicable statute is section 689.05, Florida Statutes (1997), which requires that trusts be in writing except where a conveyance is made "by which a trust or confidence shall or may arise or result by the implication or construction of law." That is precisely what is alleged in this case....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...The appellant urges that the surrender of this beneficial interest in the resulting trust could not have been effected without an instrument in writing having been executed. We do not agree. Resulting trusts are not always created by an instrument in writing. See: § 689.05, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 3897, 2010 WL 1135901
...The Constructive and Resulting Trusts We also conclude that the trial court erred in imposing a constructive trust and a resulting trust where the testimony at trial established that The Bower Foundation never intended to create a trust. Typically, a trust involving land must be in writing to be valid. § 689.05, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2003 WL 1883654
...NOTES [1] Only Lisa Johnson has appeared in this appeal. [2] The order granting Florence's motion for summary judgment does not dispose of count two. We have jurisdiction. See Fla. R.App. P. 9.130(3)(C)(ii). [3] It is unclear why Florence did not also seek defaults against Marlae and William. [4] See §
689.05, Fla. Stat. (1991); Brevard County v. Ramsey,
658 So.2d 1190, 1194 (Fla. 5th DCA 1995) ("To prove a trust created under section
689.05, it is not necessary that the writing be a deed ......
CopyPublished | District Court of Appeal of Florida
...Involved in this litigation is the validity of certain inter vivos trusts which were irrevocable. The trial judge held the trusts valid and determined the interests of the beneficiaries. We find this ruling without error and affirm. See: Reid v. Barry,
93 Fla. 849 ,
112 So. 846 ; Cooey v. Cooey,
132 Fla. 716 ,
182 So. 202 ; §
689.05, Fla.Stat., F.S.A.; 33 Fla.Jur., Trusts, §§ 12, 14; Bogart, Trusts & Trustees, 2d ed., §§ 63, 81, 149; Perry on Trusts, 7th ed., §§ 78, 81, 82, 96, 100....
CopyPublished | District Court of Appeal of Florida
...Defendant then filed her answer in which she denied the existence of any trust and alleged that the waivers in the county judge’s court and the quit-claim deed estopped the plaintiffs from having or claiming any right, title or interest in or to the property ; that the plaintiffs’ action is barred by § 689.05 Fla.Stat., F.S.A., in that the plaintiffs *594 seek to recover on an oral declaration of trust involving real property....
...y can not thereafter be introduced to support, corroborate or strengthen the presumption or its rebuttal. We mean only that in the absence of a resulting trust situation (or a constructive trust, which was not alleged) the Florida Statute of Frauds (Section 689.05, Fla....
...Since it was created at a time when such transactions were sufficiently indicative of a trust intention to cause the courts to automatically create a presimiption of a trust, it clearly should not be extended to areas where, if anything, the presumption of a gift is more logical. Likewise, it was clearly the purpose of § 689.05 Fla.Stat., F.S.A., to preclude oral declarations of trust in real property except for resulting and constructive trust situations. 4 If a resulting trust situation could arise solely from an alleged gratuitous conveyance by an owner of land to another, then this exception to § 689.05 is almost as great as the rule....
...er-in-law to plaintiff’s wife but intended as a gift to both plaintiff and his wife. The court said: “[2] In analyzing his pleading, we take the position that plaintiff has stated his case in the light most favorable to his right to relief. Sec. 689.05, Florida Statutes 1951, F.S.A....
CopyPublished | District Court of Appeal of Florida | 1959 Fla. App. LEXIS 2930
...e reservation of a life estate by the grantor does not bolster the plaintiff’s case. The facts asserted bring the case squarely within the rule of earlier cases 9 dealing with attempts to create express trusts which if oral, are unenforcible under section 689.05, Florida Statutes, F.S.A....
...n a fraudulent transaction.” Annotation 35 A.L.R. 296 ; 45 A.L.R. 853 ; 80 A.L.R. 201 ; 129 A.L.R. 694 . . Ibid. Cf. Williams v. Grogan, note 3, supra. . Crockett v. Crockett,
145 Fla. 311 ,
199 So. 337 ; Rappaport v. Kalstein, note 7, supra. . “
689.05 Soio declarations of trust proved....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 1985 Bankr. LEXIS 4739
...It is well settled in Florida, as codified in Chapter 689 of the Florida Statutes, that all declarations and creations of trusts in land must be manifested and proven by some writing, “.... or else they shall be utterly void and of none effect;.... ” Section 689.05, Fla.Stat....
CopyAgo (Fla. Att'y Gen. 2008).
Published | Florida Attorney General Reports
that a trust agreement executed pursuant to section
689.05, Florida Statutes, which relates to "declarations
