Mich. Comp. Laws » Michigan Compiled Laws / Chapter 700 / Act 386 of 1998
Michigan Compiled Laws

Mich. Comp. Laws § 700.7405 (2026)

Charitable trusts; purposes; enforcement.

✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.7405 Charitable trusts; purposes; enforcement.

Sec. 7405.

    (1) A charitable trust may be created for the relief of poverty, the advancement of education or religion, the promotion of health, scientific, literary, benevolent, governmental, or municipal purposes, any purpose described in section 501(c)(3) of the internal revenue code, 26 USC 501, or other purposes the achievement of which is beneficial to the community.

    (2) If the terms of a charitable trust do not identify a particular charitable purpose or beneficiary, the court may select 1 or more charitable purposes or beneficiaries. The selection shall be consistent with the settlor's intention to the extent it can be ascertained.

    (3) The settlor, a named beneficiary, or the attorney general of this state, among others, may maintain a proceeding to enforce a charitable trust. The right of the settlor of a charitable trust to enforce the trust is personal to the settlor and may not be exercised by any of the following:

    (a) The settlor's heirs, assigns, or beneficiaries.

    (b) The settlor's fiduciary, other than the trustee of the charitable trust the enforcement of which is being sought.

    (c) An agent of the settlor acting pursuant to a durable power of attorney, unless the right to enforce the trust is expressly conferred on the agent by the power of attorney.

History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2009, Act 46, Eff. Apr. 1, 2010

PopularName Notes:

EPIC
Notes of Decisions
Cited in 2 cases, 2014–2019 · leading case: Nash v. Duncan Park Comm'n, 304 Mich. App. 599 (Mich. Ct. App. 2014).
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Nash v. Duncan Park Comm'n, 304 Mich. App. 599 (Mich. Ct. App. 2014). “MCL 700.7405(1) allows the creation of a charitable trust “for the relief of poverty, the advancement of education or religion, the promotion of health, scientific, literary, benevolent, governmental, or municipal purposes .”
Trevor Legassick v. Univ. of Michigan Regents (Mich. Ct. App. 2019). · cites it 10× “CHARITABLE TRUSTS AND STANDING Defendants nonetheless assert that once the distribution occurred, a charitable trust was established with the University serving as the trustee, and therefore, plaintiff lacked standing to enforce the charitable trust pursuant to MCL 700.7405.…”
— Mich. Comp. Laws § 700.7405(1) — 1 case
Nash v. Duncan Park Comm'n, 304 Mich. App. 599 (Mich. Ct. App. 2014). “MCL 700.7405(1) allows the creation of a charitable trust “for the relief of poverty, the advancement of education or religion, the promotion of health, scientific, literary, benevolent, governmental, or municipal purposes .”
— Mich. Comp. Laws § 700.7405(3) — 1 case
Trevor Legassick v. Univ. of Michigan Regents (Mich. Ct. App. 2019). “CHARITABLE TRUSTS AND STANDING Defendants nonetheless assert that once the distribution occurred, a charitable trust was established with the University serving as the trustee, and therefore, plaintiff lacked standing to enforce the charitable trust pursuant to MCL 700.7405.…”
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