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 … Continue reading
Tag Archives: Charitable trusts
The Superior Court has affirmed a summary judgment in favor of the trustee of a perpetual charitable trust, and against the charitable beneficiary, finding that the trustee fees of approximately 28% of the trust income are not “unreasonably out of … Continue reading
H.R. 2484 was signed into law by Governor Wolf on July 23, 2020, becoming Act 71 of 2020. The act amends Titles 15 and 20 to allow nonprofit corporations and charities to pay out more than 10% of their charitable … Continue reading
A trust with a remainder payable to a named charity will not violate the rule against perpetuities even though the current beneficiaries were not lives in being when the trust was created, and so the early termination of the trust … Continue reading
The Internal Revenue Service has introduced a new online service that can provide additional information about tax-exempt organizations. According to IR-2018-116, the new Tax Exempt Organization Search (TEOS) replaces EO Select Check (a more limited service available since 2012) and makes … Continue reading
The Act of July 8, 2016, No. 79 of 2016 (“Act 79”), enacting S.B. 1104, put into effect a number of changes to the Probate, Estates and Fiduciaries Code (PEF Code, Title 20 of Pa.C.S.) that had been recommended by...
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A perpetual charitable trust will not be modified to allow distributions of principal to one of the income beneficiaries when the trust document does not allow distributions of principal, notwithstanding the economic hardship and possible insolvency of the charitable beneficiary. … Continue reading
There are several circumstances under which notice must be given to the Attorney General of Pennsylvania: When a will has been probated that includes gifts to charities of more than $25,000, or which will not be be paid in full,...
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When a hospital becomes part of a larger health care organization, but continues to operate as separate organization at the same location serving the same community, the cy pres doctrine should not be applied to require a pour-over trust and … Continue reading
The Commonwealth Court has affirmed a decision of the Orphans’ Court of Montgomery County that a donor to a foundation lacks standing to enforce the conditions of a loan made by the foundation to a church when there was no … Continue reading