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Charitable trust

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Not to be confused with charitable organizations (or charities) in general.
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The law of wills and trusts
Part of the common law series
Inheritance
Intestacy  · Testator  · Probate
Power of appointment
Simultaneous death  · Slayer rule
Disclaimer of interest
Types of will
Holographic will  · Will contract
Living will
Joint wills and mutual wills
Parts of a will
Codicil  · Attestation clause
Incorporation by reference
Residuary clause
Problems of property disposition
Lapse and anti-lapse
Ademption  · Abatement
Acts of independent significance
Elective share  · Pretermitted heir
Contesting a will
Testamentary capacity
Undue influence
Types of Trusts
Express trust  · Asset-protection trust
Accumulation and maintenance trust
Interest in possession trust  · Bare trust
Protective trust  · Spendthrift trust
Life insurance trust  · Remainder trust
Life interest trust  · Reversionary interest trust
Charitable trust  · Honorary trust
Resulting trust  · Constructive trust
Special needs trust: (general)/(U.S.)
Doctrines governing trusts
Pour-over will  · Cy pres doctrine
Other areas of the common law
Contract law  · Tort law  · Property law
Criminal law  · Evidence

A charitable trust is a trust established for charitable purposes. Charities may take the form of charitable trusts, companies or unincorporated associations.

In general the same rules of trust law apply to charitable and non-charitable trusts. However some special rules apply only to charitable trusts. Details will vary between different jurisdictions. However at common law the most important of these special rules for charities, which continue to apply in most trust law jurisdictions, are as follows:

  1. charitable trusts are exempt from the rule against perpetuities, which (in short) would otherwise require a trust to come to an end after a certain period. Charitable trusts may continue indefinitely;
  2. charitable trusts come under the doctrine of cy pres, under which (in short) if the charitable purposes of the trust cannot be fulfilled, then they can be replaced by new and more appropriate charitable purposes;
  3. charitable trusts are formed for charitable purposes; normally trusts must be for the benefit of a beneficiary or a class of beneficiaries, and non-charitable purpose trusts are normally (outside of specific exceptions) void; and
  4. charitable trusts do not fail if their objects are insufficiently certain.



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