Chapter 736 — The Florida Trust Code

Florida Statute 736.1207

“Power of court to permit deviation”

What it means

Section 736.1207 is in Part XII of the Florida Trust Code, titled Charitable Trusts (ss. 736.1201-736.1211). It states that the part does not affect the power of a court to relieve a trustee from restrictions on the trustee's powers and duties that are placed on the trustee by the governing instrument or applicable law (§ 736.1207).

Relief requires cause shown and a complaint by the trustee, the Attorney General, or an affected beneficiary, with notice to the affected parties (§ 736.1207).

— What it says

Preserves the court's power to relieve a trustee from restrictions on the trustee's powers and duties (§ 736.1207).
The restrictions may be placed by the governing instrument or applicable law (§ 736.1207).
Relief is for cause shown (§ 736.1207).
A complaint may be made by the trustee, the Attorney General, or an affected beneficiary (§ 736.1207).
Notice must be given to the affected parties (§ 736.1207).

Text of the statute (2026)

§ 736.1207

This part does not affect the power of a court to relieve a trustee from any restrictions on the powers and duties that are placed on the trustee by the governing instrument or applicable law for cause shown and on complaint of the trustee, the Attorney General, or an affected beneficiary and notice to the affected parties.

Excerpts are the subsections the summary relies on. Read the full official text of § 736.1207.

History. s. 12, ch. 2006-217; s. 9, ch. 2017-155.

— In a Florida probate

How it applies

Relief under § 736.1207 requires cause shown, a complaint, and notice to the affected parties. The Attorney General may make the complaint. Other sections address changing a trust: s. 736.04113 covers judicial modification of an irrevocable trust, and s. 736.0413 covers cy pres when a charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful.

Where this shows up

Pages on this site where § 736.1207 does real work:

The Giving Pledge

Related sections

§ 736.0413Cy pres § 736.04113Judicial modification of irrevocable trust when modification is not inconsistent with settlor’s purpose § 736.0412Nonjudicial modification of irrevocable trust § 736.0405Charitable purposes; enforcement

Questions people ask

Can a Florida court excuse a charitable trustee from a restriction in the trust?

Yes, for cause shown. Florida Statute 736.1207 preserves the court's power to relieve a trustee from restrictions placed by the governing instrument or applicable law, on complaint of the trustee, the Attorney General, or an affected beneficiary, with notice to the affected parties.

Sources

Fla. Stat. § 736.1207, 2026 Florida Statutes (The Florida Senate) (Official text of the section. "for cause shown and on complaint of the trustee, the Attorney General, or an affected beneficiary and notice to the affected parties.")
Florida Statutes, Chapter 736 contents index (Online Sunshine, Florida Legislature) (Part XII, Charitable Trusts (ss. 736.1201-736.1211).)
Fla. Stat. § 736.0413, 2026 Florida Statutes (The Florida Senate) (Cy pres, referenced in the practice section. "If a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful")

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 § 736.1207

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