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Chapter 736 — The Florida Trust Code

Florida Statute 736.0413

“Cy pres”

What it means

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. The court does this 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.

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

— What it says
  • Triggers: a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful (§ 736.0413(1)).
  • The court may apply the doctrine of cy pres to modify or terminate the trust (§ 736.0413(1)).
  • Trust property is applied or distributed, in whole or in part, in a manner consistent with the settlor's charitable purposes (§ 736.0413(1)).
  • A proceeding may be commenced by a settlor, a trustee, or any qualified beneficiary (§ 736.0413(2)).

Text of the statute (2026)

§ 736.0413(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.
§ 736.0413(2)
A proceeding to modify or terminate a trust under this section may be commenced by a settlor, a trustee, or any qualified beneficiary.

Excerpts are the subsections the summary relies on. Read the full official text of § 736.0413.

History. s. 4, ch. 2006-217.

— In a Florida probate

How it applies

Cy pres applies when a particular charitable purpose has become unlawful, impracticable, impossible to achieve, or wasteful. The court may modify or terminate the trust and direct the trust property, in whole or in part, to a use consistent with the settlor's charitable purposes, so those purposes, as stated in the instrument, are the reference point for the order. A settlor, a trustee, or a qualified beneficiary may start the proceeding; under § 736.0110, a designated charity and the Attorney General may hold qualified-beneficiary rights.

Questions people ask

What is cy pres in a Florida charitable trust?
Cy pres is the doctrine in § 736.0413. If a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful, the court may modify or terminate the trust and direct the property, in whole or in part, to a use consistent with the settlor's charitable purposes.

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 § 736.0413

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

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