Florida Statutes

Fla. Stat. § 736.0409 (2025)

Noncharitable trust without ascertainable beneficiary.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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736.0409 Noncharitable trust without ascertainable beneficiary.—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.

History.—s. 4, ch. 2006-217; s. 5, ch. 2022-96.

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2021–2021 · leading case: Pablo Delgado v. Marilyn Delgado (Fla. 3d DCA 2021).

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Pablo Delgado v. Marilyn Delgado (Fla. 3d DCA 2021). · cites it 4× “4 The trial court also concluded that the “General Magistrate’s Report was clearly erroneous in 3 Section 736.0409, Florida Statutes (2020), provides: Noncharitable trust without ascertainable beneficiary.”

— 736.0409(3) — 1 case

Pablo Delgado v. Marilyn Delgado (Fla. 3d DCA 2021). “4 The trial court also concluded that the “General Magistrate’s Report was clearly erroneous in 3 Section 736.0409, Florida Statutes (2020), provides: Noncharitable trust without ascertainable beneficiary.”

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