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20 Pa. Cons. Stat. § 7735

 Charitable purposes; enforcement - UTC 405.

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§ 7735.  Charitable purposes; enforcement - UTC 405.

(a)  Purposes.--A charitable trust may be created for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes or other purposes the achievement of which is beneficial to the community.

(b)  Selection by court.--If the terms of a charitable trust do not indicate or authorize the trustee to select a particular charitable purpose or beneficiary, the court may select one or more charitable purposes or beneficiaries. The selection must be consistent with the settlor's intention to the extent it can be ascertained.

(c)  Proceeding to enforce trust.--A proceeding to enforce a charitable trust may be brought by the settlor during the settlor's lifetime or at any time by the Attorney General, a charitable organization expressly named in the terms of the trust to receive distributions from the trust or any other person who has standing to do so.

(July 15, 2024, P.L.786, No.64, eff. 90 days)

 

2024 Amendment.  Act 64 amended subsecs. (b) and (c). See section 11 of Act 64 in the appendix to this title for special provisions relating to Uniform Trust Code.

Cross References.  Section 7735 is referred to in section 7703 of this title.

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 2017–2024 · leading case: Com. of Pa. v. New Foundations, Inc.
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Com. of Pa. v. New Foundations, Inc. (2018) pacommwct · cites it 2× “§ 5547(a) (emphasis added), which provides: Every nonprofit corporation incorporated for a charitable purpose or purposes may take, receive and hold such real and personal property as may be given, devised to , or otherwise vested in such corporation , in trust , for the purpose…”
In Re: Trust B of Wells Apl of: V.M.I. Foundation (2024) pa · cites it 3× “124 20 Pa.C.S. § 7735(a). 125 Id. § 7740.3(a).”
In Re: Trust B of Wells; Apl of: V.M.I. Foundation (2024) pa · cites it 3× “124 20 Pa.C.S. § 7735(a). 125 Id. § 7740.3(a).”
In re: Independent Fire Co. No. 1 a non profit corp. ~ Appeal of: Com. of PA (2020) pacommwct · cites it 2× “” 20 Pa.C.S. §7735(a). Sections 7731 and 7732 of the Trust Act outline the requirements for creating a valid trust in Pennsylvania.”
In Re: Jackson, J. Appeal of: Townsend, P. (2017) pasuperct “See 20 Pa. C.S. § 7735(a); Trust Agreement ¶ 4.”
In Re: Merger of: Univ. Vol. Fire Dept. into Pt. Breeze Vol. Fire Assoc. ~ Appeal of: Penn 7 Vol. Fire Dept. & N. Bessem (2020) pacommwct “The authority of the OAG in this regard is now codified in Section 7735(c) of the Uniform Trust Act, 20 Pa. C.S. § 7735(c), which vests the OAG with the broad power “to enforce a charitable trust.”
— 20 Pa. Cons. Stat. § 7735(a) — 5 cases
Com. of Pa. v. New Foundations, Inc. (2018) pacommwct “§ 5547(a) (emphasis added), which provides: Every nonprofit corporation incorporated for a charitable purpose or purposes may take, receive and hold such real and personal property as may be given, devised to , or otherwise vested in such corporation , in trust , for the purpose…”
In Re: Jackson, J. Appeal of: Townsend, P. (2017) pasuperct “See 20 Pa. C.S. § 7735(a); Trust Agreement ¶ 4.”
In re: Independent Fire Co. No. 1 a non profit corp. ~ Appeal of: Com. of PA (2020) pacommwct “” 20 Pa.C.S. §7735(a). Sections 7731 and 7732 of the Trust Act outline the requirements for creating a valid trust in Pennsylvania.”
In Re: Trust B of Wells Apl of: V.M.I. Foundation (2024) pa “124 20 Pa.C.S. § 7735(a). 125 Id. § 7740.3(a).”
In Re: Trust B of Wells; Apl of: V.M.I. Foundation (2024) pa “124 20 Pa.C.S. § 7735(a). 125 Id. § 7740.3(a).”
— 20 Pa. Cons. Stat. § 7735(b) — 2 cases
In Re: Trust B of Wells Apl of: V.M.I. Foundation (2024) pa “124 20 Pa.C.S. § 7735(a). 125 Id. § 7740.3(a).”
In Re: Trust B of Wells; Apl of: V.M.I. Foundation (2024) pa “124 20 Pa.C.S. § 7735(a). 125 Id. § 7740.3(a).”
— 20 Pa. Cons. Stat. § 7735(c) — 2 cases
In re: Independent Fire Co. No. 1 a non profit corp. ~ Appeal of: Com. of PA (2020) pacommwct “” 20 Pa.C.S. §7735(a). Sections 7731 and 7732 of the Trust Act outline the requirements for creating a valid trust in Pennsylvania.”
In Re: Merger of: Univ. Vol. Fire Dept. into Pt. Breeze Vol. Fire Assoc. ~ Appeal of: Penn 7 Vol. Fire Dept. & N. Bessem (2020) pacommwct “The authority of the OAG in this regard is now codified in Section 7735(c) of the Uniform Trust Act, 20 Pa. C.S. § 7735(c), which vests the OAG with the broad power “to enforce a charitable trust.”
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