Charitable trusts/cy pres

Question 1

A charitable trust must have a

Answer 1

charitable putpose such as: education or the relief of poverty

Question 2

Charitable trusts unlike private trusts cannot have

Answer 2

ascertainable beneficiaries

Question 3

Bc a charitable trust does not have ascrtainable beneficiaries

Answer 3

the state attourney general is the traditional enforcer of fiduciary adn other trust law duties

Question 4

Charitable trusts can be modified through

Answer 4

deviation and through the cy pres doctrine

Question 5

A charitable org must serve

Answer 5

a charitable purpose

Question 6

UPC 405 Charitable purposes

A charitable trust must be created for

types of charitable purposes

Answer 6

1. The relief of poverty,
2. advancement of education or religion
3. promotion of health
4. govermental or municiple puposes
5. other purposes the achievement of which is beneficial to the community

Question 7

UPC 405 Charitable purposes

If the terms of a charitable trust do not indicate a particular charitable purpose

Answer 7

the court may select one or more charitable purposes or beneficiaries
- the selection must be consistant with the settlors intention ot the extent it can be asertained

Question 8

UPC 405 Charitable purposes

The settlor of a charitable trust, among others, may maintain a

Answer 8

proceeding to enforce the trust

Question 9

Charitable trusts must be for the benefit of a

Answer 9

public, group, community

Question 10

When a trust or gift needs modification
it is the job of the

Answer 10

trustee to pursue judicial modification

Question 11

The cy pres doctrine allows the courts and trusts to

Answer 11

accomidate the shifting condition od longlived charitable trusts and gifts under certain conditions

Question 12

UPC’s cy pres rules provide for modification when a charitable purpose becomes

Answer 12

unlawful, impractiable, impossible to achieve, or wasteful

Question 13

UPC 413 Cy Pres

Except as otherwise provided in b, if a particular charitable purpose becomes unlawful, inpractiabe, impossible to achieve, or wasteful:

Answer 13

1. the trust does not fail, in whole or in part
2. the trust property does not revert to the settlor or the settlors successors in interest, and
3. the court may apply 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 teh settlors charitable purposes

Question 14

Courts will grant cy pres modification requests based on impossibility when it is

Answer 14

litterly impossible to carry out the terms of the trust or gift

Question 15

charitable trusts

UTC has a presumtion of

Answer 15

charitable intent

Question 16

Impracitability

Cy pres may be applied, even if it is possible to carry out the particular purpose of the settlor, if

Answer 16

to do so would bot be accomplish the settlors charitable objective or would not do so in a reasonble way
ex. terms cannot be carried out without substantial burdern to the institution or substantial impairment of the charitable purpose

Question 17

A party seeking cy pres relief can establish impracicability only if it demonstrates that it would be

Answer 17

unreasonably difficult, and that it is not viable or feasible, to carry out the current terms and conditions of the trust

Question 18

cy pres may be appropriate when it becomes wasteful to

Answer 18

apply all of the property to the designated purpose,

Question 19

cy pres

wasteful means

Answer 19

there is either too little or too much money in the trust for the assets to be used efficiently

Question 20

Ct can apply cy pres when testator had a

Answer 20

specific charitable intent not general charitable intent

Question 21

Charitable trusts

UPC presumes what type of intent

Answer 21

general intent

Question 22

When a chairitable trust how do you modify

Answer 22

look to cy pres first

Question 23

When a trust leave remainder to chairty

Answer 23

it is a charitable trust

Question 24

If chairtable trust becomes unlawful, unpractiable, etc. the trust does not

Answer 24

fail
ct can use cy pres to modify