Issues relating to charitable trusts
Article Abstract:
The cy pres doctrine continues to exert significant force in charitable trust law. In one recent case the court decided that cy pres was not applicable to a trust created for someone's medical expenses. The leftover money was deemed part of a private trust and investors were given a chance to reclaim their donations. The cy pres doctrine was applied to another case involving the spending of funds donated to it through a trust and earmarked for a specific purpose. The court ruled that the hospital's use of the trust was fair.
Publication Name: Estate Planning
Subject: Law
ISSN: 0094-1794
Year: 1993
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Charitable trusts analyzed by courts
Article Abstract:
Two decisions on charitable trusts concern the standing of Attorneys General and the cy pres doctrine of equitable spending. The right of Attorneys General to contest a will was upheld in In re Estate of Stern. The cy pres doctrine was applied to hospital payments in Stockert v. Council on World Service. The doctrine allows courts to order a charitable trust's funds spent close to the donor's intent when explicit conditions of the trust cannot be met.
Publication Name: Estate Planning
Subject: Law
ISSN: 0094-1794
Year: 1993
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Property issues arising out of divorce analyzed
Article Abstract:
Most states consider the disclaimant of a spouse from future beneficiary and interest status in trusts and insurance policies to be the same as the spouses' death. In other words, once disclaimed, the spouse is considered predeceased for future claims. Sadly, to avoid future claims in the first place a very straightforward agreement not to sue should be included in the original divorce settlement. Cases illustrating these points are discussed.
Publication Name: Estate Planning
Subject: Law
ISSN: 0094-1794
Year: 1995
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