Giving to Charity

It is possible to set up a trust for charitable purposes. Charitable trusts are quite common, but certain requirements must be met.

Purpose of a Charitable Gift

Reasons for charitable gifts funded through a trust include the desire to:

• Help relieve poverty
• Help the elderly
• Advance a religion
• Benefit educational establishments
• Aid with the construction or maintenance of public property (such as a park)
• Prevent animal cruelty

How Are Beneficiaries Designated?

In general, beneficiaries of charitable gifts must have a broader scope:

• Cannot be specifically named people
• Can be a class of persons
• May be institutions

In some cases, a charitable gift may be given to a non-charitable organization. However, there must be a charitable intent; otherwise the trust is invalid as a charitable trust.

Supervision & Regulation

In some states, the office of the Attorney General oversees charitable trust activity. The Attorney General’s duties in this regard include:

• Maintaining a register of charitable corporations, trustees, and trusts
• Investigating transactions relating to charitable trusts
• Enforcing charitable trusts
• Recovering property on behalf of a charitable trust

Cy Pres Doctrine

If your charitable wishes cannot be fulfilled for some reason, the appropriate court will attempt to carry out your wishes by giving the property to an organization with a related charitable purpose. For example, a charitable trust set up to eradicate polio may instead be given to aid a pediatric foundation.

© 2026 NextClient.com, Inc. All rights reserved.

• The 'Good Faith' Implied Trust
  There may be instances where property under a trust is transferred to the wrong beneficiary. This transfer can be corrected through a remedy called a resulting trust or an implied trust. Do not confuse a resulting trust, which is... Read more.
• An Irrevocable Funeral Trust is a Valuable Medicaid Spend-Down Expense
  If you are concerned that the cost of skilled nursing care or other long-term care will exhaust your savings and saddle your heirs with your funeral and burial expenses, then you may want to consider adding an Irrevocable Funeral Trust... Read more.
• New Estate Tax Rates Bring Certainty
  Much to the relief of many, the American Taxpayer Relief Act of 2012 (“2012 Tax Act”) was enacted in the beginning of 2013, making permanent many of the tax benefits that were scheduled to expire at the end of 2012. The beginning of... Read more.
• Special Powers of Appointment
  What is a Power of Appointment? A power of appointment is the power given by one person to another (referred to as the “holder” of the power of appointment) to designate who is to receive an asset. For... Read more.

• Federal Judge Strikes Down Trump Administration’s $100,000 H-1B Visa Fee
• Judge Allows Former Assistant’s Sexual Assault Lawsuit Against Marilyn Manson to Move Forward
• Karen Read Sues Massachusetts State Police and Canton Over Alleged Misconduct in Murder Investigation
• Federal Judge Strikes Down Trump Immigration Policy Affecting USCIS Applicants From 39 Countries
• Florida Family Sues Campbell’s and Walmart Over Alleged Parasites in SpaghettiOs