What it means
Section 736.0404 is one sentence: a trust may be created only to the extent its purposes are lawful, not contrary to public policy, and possible to achieve.
The words "only to the extent" tie validity to each purpose. A purpose that fails one of the three tests does not carry the trust, while purposes that pass them are not affected by the failed ones.
- Three tests apply to a trust's purposes: lawful, not contrary to public policy, and possible to achieve (§ 736.0404).
- A trust may be created only to the extent its purposes pass those tests (§ 736.0404).
- A purpose that becomes impossible or impracticable after creation is addressed by judicial modification (§ 736.04113(1)(a)) or, for charitable purposes, cy pres (§ 736.0413(1)).
Text of the statute (2026)
A trust may be created only to the extent the purposes of the trust are lawful, not contrary to public policy, and possible to achieve.
Excerpts are the subsections the summary relies on. Read the full official text of § 736.0404.
History. s. 4, ch. 2006-217; s. 4, ch. 2018-35.
How it applies
Section 736.0404 applies when a trust is created and when its terms are later challenged. A provision with an unlawful purpose, a purpose contrary to public policy, or a purpose that cannot be achieved fails to that extent, because the section permits the trust only to the extent its purposes pass the three tests. If a purpose that was valid at creation later becomes impossible or impracticable, the Trust Code supplies separate remedies: judicial modification under § 736.04113 and, for charitable purposes, cy pres under § 736.0413.
Where this shows up
Pages on this site where § 736.0404 does real work:
Questions people ask
Sources
- Florida Statutes (2026), s. 736.0404 (Official text and History line.)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.