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Chapter 736 — The Florida Trust Code

Florida Statute 736.0405

“Charitable purposes; enforcement”

What it means

A trust may be created for charitable purposes. They include, but are not limited to, the relief of poverty; the advancement of arts, sciences, education, or religion; and the promotion of health, governmental, or municipal purposes.

If the terms of a charitable trust do not indicate a particular charitable purpose or beneficiary, the court may select one or more charitable purposes or beneficiaries. The selection must be consistent with the settlor's intent to the extent that intent can be ascertained.

The settlor of a charitable trust, among others, has standing to enforce the trust. The subsection may not be construed to give standing to the attorney general or another public officer of any other state for a charitable trust whose principal place of administration is in Florida.

— What it says
  • Charitable purposes include, but are not limited to, relief of poverty; advancement of arts, sciences, education, or religion; and promotion of health, governmental, or municipal purposes (§ 736.0405(1)).
  • If a charitable trust indicates no particular purpose or beneficiary, the court may select one or more (§ 736.0405(2)).
  • The selection must be consistent with the settlor's intent to the extent it can be ascertained (§ 736.0405(2)).
  • The settlor, among others, has standing to enforce a charitable trust (§ 736.0405(3)).
  • The section gives no standing to another state's attorney general or public officer for a trust principally administered in Florida (§ 736.0405(3)).

Text of the statute (2026)

§ 736.0405(1)
A trust may be created for charitable purposes. Charitable purposes include, but are not limited to, the relief of poverty; the advancement of arts, sciences, education, or religion; and the promotion of health, governmental, or municipal purposes.
§ 736.0405(2)
If the terms of a charitable trust do not indicate a particular charitable purpose or beneficiary, the court may select one or more charitable purposes or beneficiaries. The selection must be consistent with the settlor’s intent to the extent such intent can be ascertained.
§ 736.0405(3)
The settlor of a charitable trust, among others, has standing to enforce the trust. This subsection may not be construed to afford standing to the Attorney General of any other state, or another public officer of another state, with respect to any charitable trust having its principal place of administration in this state.

Excerpts are the subsections the summary relies on. Read the full official text of § 736.0405.

History. s. 4, ch. 2006-217; s. 3, ch. 2025-18.

— In a Florida probate

How it applies

A trust for charitable purposes that names no particular purpose or beneficiary is not excluded by that omission; under subsection (2) the court may select one or more purposes or beneficiaries, guided by the settlor's intent where it can be ascertained. The settlor has standing to enforce a charitable trust under subsection (3), "among others." Section 736.0110 separately gives designated charities the rights of a qualified beneficiary and lets the Attorney General assert those rights for a charitable trust administered in Florida.

Questions people ask

What counts as a charitable purpose in Florida?
§ 736.0405(1) says charitable purposes include, but are not limited to, relief of poverty; advancement of arts, sciences, education, or religion; and promotion of health, governmental, or municipal purposes. If a charitable trust names no purpose or beneficiary, the court may select one consistent with the settlor's intent.

Sources

Last checked: October 17, 2026

The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 736.0405

Published by the Probate.Help editorial team.How these pages are written and checked.

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