Also known as: public trust · charitable trust
Written by attorneys · grounded in primary & secondary sources — see below
A trust created for charitable purposes including 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.
Select any source to read its text and confirm it supports the definition.
Samuel Smith creates a trust to provide funds to care for minor Black children whose parents have been imprisoned after conviction of a political crime. State officials challenge the trust as contrary to public policy. The trust qualifies as charitable because its primary purpose is relief of a needy class and community benefit.
Pamela Phillips transfers farmland to a trustee with directions to provide low-interest loans to family farms and care for working animals. Horizon Livestock objects that the distributions favor private interests. The trust qualifies as charitable because its purposes align with community benefit under the statutory definition.
Pedro Pacheco donates a collection of artifacts to trustees for public display and education. The instrument specifies no particular beneficiary. The arrangement forms a valid charitable trust because its purposes promote education and community benefit, allowing a court to select consistent purposes if needed.
A charitable trust may be created for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes, or other purposes the achievement of which is beneficial to the community.
Supporting sources
The settlor of a charitable trust, among others, may maintain a proceeding to enforce the trust.
Supporting sources
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 consistent with the settlor's intention.
Supporting sources