How “Charitable Trust” is Defined - Commentary to Florida Trust Code

Legal Commentary on the Definition of “Charitable Trust”

Fla. Stat. § 736.0103(5) defines the term “charitable trust.” The text of the subsection reads:

“Charitable trust” means a trust, or portion of a trust, created for a charitable purpose as described in s. 736.0405(1).

Thus, if a trust was created for a “charitable purpose,” then it is a charitable trust. Fla. Stat. § 736.0405(1) provides the following nonexclusive examples of 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.

If only a portion of a trust was created for a charitable purpose (perhaps because a charity was named as one of many trust beneficiaries), then only the portion created for a charitable purposes is governed by the Florida Trust Code as a charitable trust.

History of the Definition of “Charitable Trust”

The term “charitable trust” has been consistently defined since the Florida Trust Code took effect in 2007.

The definition was taken from § 103(4) of the Uniform Trust Code.

This article is part of the PTM Legal Commentary to the Florida Trust Code. Click here to navigate through the entire commentary.