Thread Options
#2221106 - 09/06/19 05:54 PM Irrevocavble Trust
Lele Offline
Platinum Poster
Lele
Joined: Feb 2007
Posts: 817
In the Sun
Are Irrevocable Trusts required to be notarized? Our procedure has always been that we require it. But am having pushback...Thanks.
_________________________
Faith is seeing light with your heart when all your eyes see is darkness...

Return to Top
#2221109 - 09/06/19 06:30 PM Re: Irrevocavble Trust [Re: Lele]
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 74,768
Galveston, TX
A revocable trust must be established with the formalities required for the execution of a will - which requires two witnesses. There no mention of a notary that I can find.


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.

Other than that - a trust can be oral - so I am not sure how you notarize that:

736.0407 Evidence of oral trust.—Except as required by s. 736.0403 or a law other than this code, a trust need not be evidenced by a trust instrument but the creation of an oral trust and its terms may be established only by clear and convincing evidence.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top
#2221120 - 09/06/19 07:26 PM Re: Irrevocavble Trust [Re: rlcarey]
Lele Offline
Platinum Poster
Lele
Joined: Feb 2007
Posts: 817
In the Sun
Same for Irrevocable?
_________________________
Faith is seeing light with your heart when all your eyes see is darkness...

Return to Top
#2221122 - 09/06/19 07:27 PM Re: Irrevocavble Trust [Re: Lele]
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 74,768
Galveston, TX
Not sure what you mean same for irrevocable? An irrevocable trust can be created orally according to the statutes.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top
#2221124 - 09/06/19 07:33 PM Irrevocable Trusts [Re: rlcarey]
Lele Offline
Platinum Poster
Lele
Joined: Feb 2007
Posts: 817
In the Sun
Sorry if I was not clear -- Original question asked about Irrevocable trusts but the response just said revocable...but I see now the last 2 paragraphs - "Other than that..." Thanks again...
_________________________
Faith is seeing light with your heart when all your eyes see is darkness...

Return to Top