{"id":8892,"date":"2026-11-05T04:33:31","date_gmt":"2026-11-05T04:33:31","guid":{"rendered":"https:\/\/trustcounsel.com\/resources\/trust-litigation-attorney\/what-makes-a-trust-legal\/"},"modified":"2026-11-05T04:33:39","modified_gmt":"2026-11-05T04:33:39","slug":"what-makes-a-trust-legal","status":"publish","type":"page","link":"https:\/\/trustcounsel.com\/resources\/trust-litigation-attorney\/what-makes-a-trust-legal\/","title":{"rendered":"What Makes a Trust Legal in Florida? Key Requirements"},"content":{"rendered":"\n
<\/span>\"Beneficiaries
\n

Trust Counsel, PL | Coral Gables, Florida<\/p>

What Makes a Trust Legal in Florida?<\/h1>

A plain-language guide to the core requirements a Florida trust must meet, from Trust Counsel, PL in Coral Gables.<\/p>

Book a free strategy call<\/a><\/div>
Book a free strategy call<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Leslie V. Marenco \u00b7 Published November 4, 2026<\/p>\n\n

\n\n\n

What makes a trust legal? In Florida, a trust is created only when a few basic requirements are met. The person creating it needs capacity and must show intent. Each trust document is different, so questions about a specific trust are worth reviewing with an attorney. If you were handed a trust document after a family member’s death or illness, start with these points.<\/p>\n

What a trust is, in plain terms<\/h2>\n

A trust is an arrangement in which one person holds property for the benefit of another, under terms usually set out in a trust instrument but which may also be established by other evidence admissible in court. The person who creates it is the settlor. The person who manages the property is the trustee. The person who benefits is the beneficiary. Florida law defines a settlor as a person who creates a trust or puts property into it (Fla. Stat. \u00a7 736.0103<\/a>).<\/p>\n

One person can hold more than one role. A parent can be both settlor and trustee of a living trust and still name others as beneficiaries.<\/p>\n

The trust estate is the property actually placed in the trust. Property never moved into the trust stays outside it, even if the settlor meant it to be inside.<\/p>\n

People often call a trust a company. It isn’t a company with shares or a board. A trust is governed by its terms and by the Florida Trust Code.<\/p>\n

Trust Counsel’s attorneys can serve individually as trustee or personal representative. The firm advises and represents trustees, personal representatives and beneficiaries. A personal representative (often called an executor) runs a probate estate, which is a separate process from a trust.<\/p>\n\n

\n

If you hold a trust document you don't understand, or you were named in one after a parent's death, you don't have to sort it out alone. Talk it through with Trust Counsel, PL — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n\n
\"A<\/figure>\n

The core requirements for a valid trust in Florida<\/h2>\n