The settler must intend to establish a trust and this intent must be manifested. In the past, putting a name of a person, as a trustee in a will or on an account would not by itself be sufficient to establish a trust. There is some recent case law that seem to indicate that this form of totem trust is ok.

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