§ 736.0409, Fla. Stat. · Part IV. CREATION, VALIDITY, MODIFICATION,AND TERMINATION
Noncharitable trust without ascertainable beneficiary.
Text — 2026 Florida Statutes
Except as otherwise provided in s. 736.0408 or by another provision of law, the following rules apply:
(1) A trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary or for a noncharitable but otherwise valid purpose to be selected by the trustee. The trust may not be enforced for more than 1,000 years.
(2) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is appointed, by a person appointed by the court.
(3) Property of a trust authorized by this section may be applied only to the intended use of the property, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise as part of the settlor’s estate.
Notes and commentary — not statutory text
History
s. 4, ch. 2006-217; s. 5, ch. 2022-96.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0736/0736.html
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- sha256 304d3fde4a3171b92ac9b72581b9cc070984019a556448f217fdcfb86d632c44
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
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