Florida Trust Law: When Are the Testamentary Aspects of a Revocable Trust Invalid?

As stated in a 2017 Second DCA opinion, Kelly v. Lindenau, the testamentary aspects of a revocable trust in Florida are invalid “unless the trust document is executed by the settlor of the trust with the same formalities as are required from the execution of a will. In other words, in order for a Florida revocable trust to be valid, it must be executed with the same formalities as a Florida will. What are these requirements? Where can I learn more about what is required to create a valid Florida revocable trust? How can an estate planning lawyer help me to insure that the trust I have created is valid?

If you are looking to create a Florida trust or will, you should read Florida Statute 732.502. This statute provides the formalities that are required for the proper execution of a will or revocable trust in Florida. For example, wills and trusts must be signed by two attesting witnesses. In Kelly v. Lindenau, the trust amendment in question was only signed by one witness. Was the trust amendment deemed valid by the Florida courts? To read the entire opinion, click here. To interview a trust lawyer, cal (561)514-090 ext. 101.