Susan Gary, ‘Restricted Charitable Gifts: Public Benefit, Public Voice’

… The article begins with a brief look at history, first the English roots of charitable trusts, then US developments and the current state of the law in the US. The article proceeds to a discussion of cy pres, the primary means for modifying restrictions placed on charitable assets, and identifies other tools for modification. The article examines the role of donor intent in current law, considering cy pres and other strategies donors use to maintain their directions. The article then addresses the public benefit standard and whether the public should have a greater voice in modification decisions. An examination of proposals for reforming the way the law treats restricted gifts, developed by scholars over many years, reveals ideas that could increase the public voice through expanded application of cy pres. The article concludes by advocating increased consideration of the public benefit standard in charities law, through the adoption of some of these ideas …

Susan N Gary, Restricted Charitable Gifts: Public Benefit, Public Voice, 81 Albany Law Review 565 (2018).

First posted 2018-04-24 12:16:31

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