Charitable Trust Disputes

Steven K. Mignogna (attorney, Haddonfield, NJ) and Kenneth J. Lackey (attorney, Haddonfield, NJ) recently published their article entitled Gifts Gone Astray:  Disputes Involving Charitable Trusts, 24 Prob. & Prop. 56 (Sept./Oct. 2010).  The conclusion is below:

When unforeseen circumstances arise in the context of a charitable bequest or trust, courts attempt to harmonize two principles using the above-mentioned common law and statutory principles: (1) credence to the intent of the donor and (2) application of public policy in favor of preserving charitable bequests and trusts. While it is essential for a lawyer involved in litigation involving unforeseen circumstances to know this law, it is also important for lawyers representing charities and their donors to be familiar with this body of law before the charitable transfer is made.