What it means
A valid devise may be made to the trustee of a trust evidenced by a written instrument in existence when the will is made, or by one subscribed concurrently with the will, if the instrument is identified in the will. (§ 732.513(1))
The devise is not invalid because the trust is amendable or revocable by any person; because it was amended or revoked in part after the will or a codicil; because its only property is the possible expectancy of a devise under a will or death benefits described in § 733.808; or because of § 689.075. (§ 732.513(2))
The devise disposes of property under the trust instrument as previously or subsequently amended. (§ 732.513(3)) An entire revocation of the trust by a writing before the testator's death invalidates the devise. (§ 732.513(4)) Unless the will provides otherwise, the property becomes part of the trust principal and is not held in a testamentary trust. (§ 732.513(5))
- The trust must be evidenced by a writing that exists when the will is made or is subscribed concurrently, and the writing must be identified in the will (§ 732.513(1)).
- A devise is not invalid because the trust is amendable or revocable (§ 732.513(2)(a)).
- Nor is it invalid because the trust was amended or revoked in part after the will or a codicil (§ 732.513(2)(b)).
- The property passes under the trust terms as previously or subsequently amended (§ 732.513(3)).
- An entire revocation of the trust by a writing before death invalidates the devise (§ 732.513(4)).
- Unless the will provides otherwise, the property joins the trust principal and is not held in a testamentary trust (§ 732.513(5)).
Text of the statute (2026)
(1) A valid devise may be made to the trustee of a trust that is evidenced by a written instrument in existence at the time of making the will, or by a written instrument subscribed concurrently with making of the will, if the written instrument is identified in the will.
(2) The devise shall not be invalid for any or all of the following reasons: (a) Because the trust is amendable or revocable, or both, by any person. (b) Because the trust has been amended or revoked in part after execution of the will or a codicil to it. (c) Because the only res of the trust is the possible expectancy of receiving, as a named beneficiary, a devise under a will or death benefits as described in s. 733.808, and even though the testator or other person has reserved any or all rights of ownership in the death benefit policy, contract, or plan, including the right to change the beneficiary. (d) Because of any of the provisions of s. 689.075.
(3) The devise shall dispose of property under the terms of the instrument that created the trust as previously or subsequently amended. (4) An entire revocation of the trust by an instrument in writing before the testator’s death shall invalidate the devise or bequest. (5) Unless the will provides otherwise, the property devised shall not be held under a testamentary trust of the testator but shall become a part of the principal of the trust to which it is devised.
Excerpts are the subsections the summary relies on. Read the full official text of § 732.513.
History. s. 1, ch. 74-106; s. 3, ch. 75-74; s. 113, ch. 75-220; s. 2, ch. 88-340; s. 46, ch. 2001-226; s. 32, ch. 2006-217.
How it applies
A devise to a trustee is the mechanism behind a pour-over will: the will sends property to a trust that exists in writing and is identified in the will. Because subsection (3) applies the trust's terms as amended, later amendments do not require a new will. Subsection (4) is the limit: if the entire trust is revoked by a writing before death, the devise is invalid, so a will that names a revoked trust no longer carries out that devise. A partial revocation or an amendment does not have that effect (subsection (2)(b)).
Where this shows up
Pages on this site where § 732.513 does real work:
- Do I need probate in Florida? Which assets and estates skip it
- Will vs. trust in Florida: what each does, how each is signed and what each avoids
- Probate vs trust administration in Florida: differences, steps and deadlines
- Pet trusts in Florida under § 736.0408: setup, funding, caregiver, trustee and enforcement
- Funding a revocable trust in Florida: deeds, accounts, retirement plans, insurance and what to leave out
- Revocable Living Trust
- Burt Reynolds
- Gene Hackman
- John F. Kennedy
- Paul Allen
Questions people ask
Sources
- Fla. Stat. § 732.513 (2026), Online Sunshine / Florida Senate (Subsection (4): An entire revocation of the trust by an instrument in writing before the testator’s death shall invalidate the devise or bequest.)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.