§ 7740.3. Charitable trusts - UTC 413.

422 words·~2 min read·/pa/title-20/chapter-77/7740-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)General rule.-- Except as otherwise provided in subsection (b), if a particular charitable purpose becomes unlawful, impracticable or wasteful:

(1)the trust does not fail, in whole or in part;

(2)the trust property does not revert to the settlor or the settlor's successors in interest; and

(3)the court shall apply cy pres to fulfill as nearly as possible the settlor's charitable intention, whether it be general or specific.

(b)Exception.-- A provision in the terms of a charitable trust that would result in distribution of the trust property to a noncharitable beneficiary prevails over the power of the court under subsection

(a)to apply cy pres.

(c)Administrative deviation.-- A court may modify an administrative provision of a charitable trust to the extent necessary to preserve the trust.

(d)Administrative termination of small charitable trusts.-- A trust solely for charitable purposes having assets of less than $100,000 may be terminated at its inception or at any time thereafter by the trustee with the consent of the Attorney General and all charitable organizations that are designated as beneficiaries by name in the trust instrument. Upon termination, the assets, subject to the approval of the Attorney General, shall be delivered to the organizations, if any, designated in the trust instrument or, if none, to organizations selected by the trustee, in either case to be held and applied for the general or specific charitable purposes and on the terms that will, in the trustee's discretion, fulfill as nearly as possible the settlor's intention.

(e)Judicial termination of charitable trusts.-- If the separate existence of a trust, whenever created, solely for charitable purposes results or will result in administrative expense or other burdens unreasonably out of proportion to the charitable benefits, the court may, upon application of the trustee or any interested person and after notice to the Attorney General, terminate the trust, either at its inception or at any time thereafter, and award the assets outright, free of the trust, to the charitable organizations, if any, designated in the trust instrument or, if none, to charitable organizations selected by the court, in either case for the purposes and on the terms that the court may direct to fulfill as nearly as possible the settlor's intentions other than any intent to continue the trust, if the court is satisfied that the charitable organizations will properly use or administer the assets.

20c7740.3v

Cross References. Section 7740.3 is referred to in sections 7705, 7740 of this title.

20c7740.4s