736.0413

Cy pres.

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736.0413 Cy pres.—

(1) If a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful, the court may apply the doctrine of cy pres to modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor’s charitable purposes.

(2) A proceeding to modify or terminate a trust under this section may be commenced by a settlor, a trustee, or any qualified beneficiary.

History.—s. 4, ch. 2006-217.

Notes of Decisions

Cited in 1 case, 2019–2019 · leading case: In Re: Amendments to Florida Rule of Civil Procedure 1.220

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In Re: Amendments to Florida Rule of Civil Procedure 1.220 (2019) fla · cites it 2× “The Florida Legislature has codified the cy pres doctrine, as that doctrine applies in the trust law context, in section 736.0413, Florida Statutes (2018), of the Florida Trust Code.”

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