Charitable

Question 1

Charitable purpose

Answer 1

A charitable trust must have a purpose considered to benefit the public. It may be expressed in very general terms. It will be implied where the settlor’s charitable purpose is clear.

Question 2

Charitable beneficiaries

Answer 2

Must be indefinite (but the entity can be specific).

Question 3

Cy Pres

Answer 3

When a charitable purpose selected by the settlor is impracticable, unlawful, impossible to achieve, etc., the court may select an alternative “as near as possible” by ascertaining the settlor’s primary purpose.

The settlor’s general charitable intent is conclusively presumed, so application of cy pres is mandatory. The court has discretion to determine the settlor’s primary charitable intent.