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Florida Statute 736.0409 - Full Text and Legal Analysis Florida Statute 736.0409 | Lawyer Caselaw & Research
Fla. Stat. § 736.0409 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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.

Cases Citing F.S. 736.0409

Fla. Stat. § 736.0409 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
Copy

Pablo Delgado v. Marilyn Delgado (Fla. Dist. Ct. App. 2021).

Published | District Court of Appeal of Florida

The General Magistrate stated that under section 736.0409 of the Florida Statutes, property not required

This Florida statute resource is curated by Graham W. Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.