Uniform Trust Code
UTC 405. Charitable trusts
(1)A charitable trust is a trust that:
(a)Expressly designates one or more charitable organizations, or one or more classes of charitable organizations, to receive distributions as beneficiaries of the trust unless the combined interests of all charitable beneficiaries are negligible or all charitable beneficiaries are remote interest beneficiaries; or
(b)Is created for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes, or other purposes beneficial to the community, but that does not contain contingencies that make the charitable interest negligible.
(2)If the terms of a charitable trust do not indicate a particular charitable purpose or beneficiary, the court may select one or more charitable purposes or beneficiaries. The selection must be consistent with the settlor’s intention to the extent that intent can be ascertained.
(3)The settlor of a charitable trust, in addition to other persons authorized by law or the trust instrument, may maintain a proceeding to enforce the trust.
(4)A court may modify or terminate a charitable trust only if the Attorney General is a party to the proceedings. [2005 c.348 §25; 2009 c.275 §9; 2013 c.529 §3]
Law Review Citations
42 WLR 187 (2006)