Florida Statute 736.0409
“Noncharitable trust without ascertainable beneficiary”
What it means
Except as otherwise provided in § 736.0408 or by another provision of law, 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.
The trust may be enforced by a person appointed in the terms of the trust or, if none is appointed, by a person appointed by the court.
Trust property may be applied only to the intended use, except to the extent the court determines the value exceeds the amount required. Unless the terms say otherwise, property not required must be distributed to the settlor if then living, otherwise as part of the settlor's estate.
- A trust may have a noncharitable purpose without a definite beneficiary, or a noncharitable purpose to be selected by the trustee (§ 736.0409(1)).
- The trust may not be enforced for more than 1,000 years (§ 736.0409(1)).
- Enforcement is by a person named in the trust or, if none, appointed by the court (§ 736.0409(2)).
- Property may be applied only to the intended use, except for value the court finds exceeds what is required (§ 736.0409(3)).
- Unless the terms say otherwise, the excess goes to the settlor if living, otherwise to the settlor's estate (§ 736.0409(3)).
Text of the statute (2026)
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.
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.
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.
Excerpts are the subsections the summary relies on. Read the full official text of § 736.0409.
History. s. 4, ch. 2006-217; s. 5, ch. 2022-96.
How it applies
Section 736.0409 applies to a trust whose purpose is noncharitable and whose beneficiary is not definite, which § 736.0402(1)(c)3. allows as an exception to the definite-beneficiary requirement. Subsection (2) provides that a person appointed in the terms of the trust, or if none, by the court, may enforce the trust. Property may be used only for the intended use. If the court finds an excess, it goes to the settlor if living, otherwise to the settlor's estate, unless the terms provide otherwise.
Where this shows up
Pages on this site where § 736.0409 does real work:
Questions people ask
Sources
- Florida Statutes (2026), s. 736.0409 (Official text and History line.)
- Florida Statutes (2026), s. 736.0402 (Noncharitable purpose trust as an exception to the definite-beneficiary requirement, § 736.0402(1)(c)3.)
Last checked: October 17, 2026
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