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.
- 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)
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.
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.
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.
Where this shows up
Pages on this site where § 736.0413 does real work:
Related sections
Questions people ask
Sources
- Florida Statutes (2026), s. 736.0413 (Official text and History line.)
- Florida Statutes (2026), s. 736.0110 (Qualified-beneficiary rights of designated charities and the Attorney General (How it applies).)
Last checked: October 17, 2026
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