In Florida express trusts, they are created by a written instrument or by an oral agreement. In implied trusts, they are constructive or resulting trusts implied by law.

A conveyance must contain essentials of a trust and there must be intent to create the trust. The subject matter, purpose, and terms of the trust must be definitely set forth for a trust to be created. The trust must have property subject to its terms. At the time of conveyance, it is not necessary for the parties to the trust actually know what the subject matter is. A trust can be created without notice to the trustee or without acceptance by the trustee. It is effective to pass the title to the intended trustee when there is delivery to a third person.

If you would like more information how the effect of an inter vivos declaration or conveyance, CONTACT our Florida Trust Lawyers by email or call us at 904-685-1200 to discuss your situation today.