Florida Statute 736.0413 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

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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.

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Amendments to 736.0413

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Cases Citing Statute 736.0413

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In Re: Amendments to Florida Rule of Civil Procedure 1.220, 271 So. 3d 936 (Fla. 2019).

Published | Supreme Court of Florida

...ves a purpose as close to the donor’s original charitable purpose as possible. Id.; Cy Pres, Black’s Law Dictionary (10th ed. 2014). 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. 5....

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