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Charitable Trusts

Charitable Trusts. Introduction – Basic Purposes. Basic categories of charitable purposes: Relief of poverty Advancement of education Advancement of religion Promotion of health Government or municipal purposes. Size of charitable class.

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Charitable Trusts

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  1. Charitable Trusts

  2. Introduction – Basic Purposes • Basic categories of charitable purposes: • Relief of poverty • Advancement of education • Advancement of religion • Promotion of health • Government or municipal purposes

  3. Size of charitable class • General rule = sufficiently large or indefinite class of beneficiaries so community is interested in enforcement of trust. • But, see notes 1-3, p. 105.

  4. Mortmain Provisions • Statute which limits gifts to charity under specified circumstances. • Often held to be unconstitutional under 14th Amendment’s equal protection clause. • Texas does not have one.

  5. Determination of Charitable Purpose • Altruistic motive • Who determines? • Court, or • Settlor?

  6. Standard • “Generally accepted” • Marsh – p. 106 • Advancement of ideas • Held by many? • Unique to settlor? • Whims? • Religious purposes

  7. Other Charitable Trust Issues • Tax benefits • Successor trustees (§ 113.083(b)) • Enforcement by attorney general • Cy pres to prevent lapse • RAP not applicable • Split interest trusts

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