Orphans’ Court Had Discretion to Deny Termination of Charitable Trust

The intent of the settlor to create a perpetual charitable trust, and not make an outright charitable gift, is protected by the “high standard” of 20 Pa.C.S.A. § 7740.3(e) and the Orphans’ Court acted within its discretion in denying termination even though the trustee fees were almost 28% of the annual distributions to the charitable beneficiary but the fees were reasonable and at market rates. In re: Trust B Under Agreement of Richard H. Wells dated September 28, 1956, ___ A.3d ___, 5 WAP 2023 (Pa. 3/21/2024) (concurring and dissenting opinion of Justice Mundy), aff’g, ___ A.3d ___, 2022 PA Super 154 (9/7/2022) (see “Trustee Fees Did Not Warrant Termination of Charitable Trust“).

[The original version of this summary had the wrong date for the Supreme Court decision and failed to provide a link to the opinion of Justice Mundy.]

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