Charitable Trusts & Honorary Trusts

Question 1

Charitable Trusts’ Distinctive Qualities

Answer 1

Not subject to RAP, Must be fore charitable purpose (organization confers substantial amount of social benefit) Must be in favor of a reasonably large number of UNIDENTIFIABLE members of the public at large

Question 2

Cy Pres

Answer 2

When charitable purpose can no longer be accomplished Court may reform: Meeting with AG is held and organization pitch their program Court will grant money to organization most conforming to Testator’s purpose

Question 3

Honorary Trusts

Answer 3

Trustee is on her honor in decicing whether to perform the trust, if trustee does not perform gift fails and there is a resulting trust.

RAP applies

Question 4

Uniform Trust Code, Animals/Objects

Answer 4

Only if animal is alive during Settlor’s lifetime can it be a beneficiary, trust terminates on death of animal or last surviving animal.

Trust for Objects will last for 21 years.