Charitable Trusts Flashcards
1
Q
Charitable trusts
A
1) indefinite bennies; 2) perpetual; 3) cy pres doctrine (as near as possible)
2
Q
Charitable purpose
A
Purpose must be to benefit the public
Class may be limited but not so narrow as to only benefit a few individuals
3
Q
Enforcement
A
placed on AG
Under UTC0 settlor and qualified bennies have standing
4
Q
RAP
A
May be perpetual
If charity to charity- no RAP
Private to charity- RAP
5
Q
Honorary trusts (pets or burial)
A
no person so trustee is “on her honor”
Upheld as long as trustee is willing to perform duties
Void if violates RAP (can get around RAP by claiming the trust is personal to trustee or that the funds will be exhausted within RAP period
