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20 Pa. Cons. Stat. § 7740.3

  Charitable trusts - UTC 413.

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§ 7740.3.  Charitable trusts - UTC 413.

(a)  General rule.--Except as otherwise provided in subsection (b), if a particular charitable purpose becomes unlawful, impracticable or wasteful:

(1)  the trust does not fail, in whole or in part;

(2)  the trust property does not revert to the settlor or the settlor's successors in interest; and

(3)  the court shall apply cy pres to fulfill as nearly as possible the settlor's charitable intention, whether it be general or specific.

(b)  Exception.--A provision in the terms of a charitable trust that would result in distribution of the trust property to a noncharitable beneficiary prevails over the power of the court under subsection (a) to apply cy pres.

(c)  Administrative deviation.--A court may modify an administrative provision of a charitable trust to the extent necessary to preserve the trust.

(d)  Administrative termination of small charitable trusts.--A trust solely for charitable purposes having assets of less than $100,000 may be terminated at its inception or at any time thereafter by the trustee with the consent of the Attorney General and all charitable organizations that are designated as beneficiaries by name in the trust instrument. Upon termination, the assets, subject to the approval of the Attorney General, shall be delivered to the organizations, if any, designated in the trust instrument or, if none, to organizations selected by the trustee, in either case to be held and applied for the general or specific charitable purposes and on the terms that will, in the trustee's discretion, fulfill as nearly as possible the settlor's intention.

(e)  Judicial termination of charitable trusts.--If the separate existence of a trust, whenever created, solely for charitable purposes results or will result in administrative expense or other burdens unreasonably out of proportion to the charitable benefits, the court may, upon application of the trustee or any interested person and after notice to the Attorney General, terminate the trust, either at its inception or at any time thereafter, and award the assets outright, free of the trust, to the charitable organizations, if any, designated in the trust instrument or, if none, to charitable organizations selected by the court, in either case for the purposes and on the terms that the court may direct to fulfill as nearly as possible the settlor's intentions other than any intent to continue the trust, if the court is satisfied that the charitable organizations will properly use or administer the assets.

 

Cross References.  Section 7740.3 is referred to in sections 7705, 7740 of this title.

Notes of Decisions
Cited in 19 cases (8 in the last 5 years), 2009–2026 · leading case: Estate of Girard
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Estate of Girard (2016) pacommwct · cites it 13× “to Modify Charitable Trust for the Benefit of Girard College Pursuant to 20 Pa.C.S. § 7740.3 (Will), Clause XX, at 10; Reproduced Record (R.”
In Re Estate of Ryerss (2009) pacommwct · cites it 4× “3 and the cases interpreting the public trust doctrine "focus[ ] on the purpose of the charitable trust and whether that purpose is still viable.”
In Re:Trust Under Agreement of William J. Cohen (2018) pasuperct · cites it 2× “20 Pa.C.S. § 7740.3. Because Section 2514 does not apply to the case before us, Bible Church's first issue does not warrant relief.”
In Re Erie Golf Course (2010) pa “See 20 Pa.C.S. § 7740.3 (prescribing that, upon a finding that original charitable purposes have become unlawful, impracticable, or wasteful, the court “shall apply cy pres to fulfill as nearly as possible the settlor’s charitable intention” (emphasis added)).”
Com. of Pa. v. New Foundations, Inc. (2018) pacommwct “20 Pa.C.S. § 7740.3(a)(3) provides "the court shall apply cy pres to fulfill as nearly as possible the settlor's charitable intention, whether it be general or specific.”
In Re: Grover C. Shoemaker, TST Appeal of: GB Hosp (2015) pasuperct “— Except as otherwise provided in subsection (b), if a particular charitable purpose becomes unlawful, impracticable or wasteful: (1) the trust does not fail, in whole or in part; (2) the trust property does not revert to the settlor or the settlor’s successors in interest; and…”
Estate of S. Girard, Trust for Girard College -- Appeal of: Board of Directors of City Trusts, Trustee of the Trust unde (2016) pacommwct · cites it 15× “to Modify Charitable Trust for the Benefit of Girard College Pursuant to 20 Pa. C.S. §7740.3 (Will), Clause XX, at 10; Reproduced Record (R.”
In Re: Trust B of Wells Apl of: V.M.I. Foundation (2024) pa · cites it 9× “66 Subsections (a) and (b) are modeled upon Section 413 of the UTC, and they recognize that strict adherence to a settlor’s intended charitable purpose may not always be possible because of changing circumstances that arise after the settlor’s intent is 66 20 Pa.C.S. § 7740.3.…”
In Re: Trust B of Wells; Apl of: V.M.I. Foundation (2024) pa · cites it 9× “66 Subsections (a) and (b) are modeled upon Section 413 of the UTC, and they recognize that strict adherence to a settlor’s intended charitable purpose may not always be possible because of changing circumstances that arise after the settlor’s intent is 66 20 Pa.C.S. § 7740.3.…”
In re: Independent Fire Co. No. 1 a non profit corp. ~ Appeal of: Com. of PA (2020) pacommwct · cites it 7× “3 of the Trust Act, 20 Pa.C.S. §7740.3. As such, given the nature of its claim as framed and presented on appeal, the Commonwealth is proceeding in its traditional role as parens patriae, exercising 8 Section 5981 of the Nonprofit Law states that a trial court may entertain…”
In re: Lincoln Fire Co., Non-Profit Corp. ~ Appeal of: Lincoln Fire Co. (2024) pacommwct · cites it 7× “” 20 Pa.C.S. § 7740.3, Comment. 12 population that was the intended object of the charitable gift.”
In Re: Painted Bride Art Center, Inc., non-profit corp. ~ Appeal of: Painted Bride Art Center, Inc. (2020) pacommwct · cites it 3× “§5547(b), a charitable entity’s purposes may be altered only by a court order applying the cy-pres[7] doctrine codified in 20 Pa.C.S. §7740.3. No such order was entered here, and the record would not support one: Painted Bride’s purposes are not impracticable or impossible, and…”
Show all 19 citing cases →
— 20 Pa. Cons. Stat. § 7740.3(a) — 5 cases
In Re Estate of Ryerss (2009) pacommwct “3 and the cases interpreting the public trust doctrine "focus[ ] on the purpose of the charitable trust and whether that purpose is still viable.”
Estate of Girard (2016) pacommwct “to Modify Charitable Trust for the Benefit of Girard College Pursuant to 20 Pa.C.S. § 7740.3 (Will), Clause XX, at 10; Reproduced Record (R.”
In re: Lincoln Fire Co., Non-Profit Corp. ~ Appeal of: Lincoln Fire Co. (2024) pacommwct “” 20 Pa.C.S. § 7740.3, Comment. 12 population that was the intended object of the charitable gift.”
Estate of S. Girard, Trust for Girard College -- Appeal of: Board of Directors of City Trusts, Trustee of the Trust unde (2016) pacommwct “to Modify Charitable Trust for the Benefit of Girard College Pursuant to 20 Pa. C.S. §7740.3 (Will), Clause XX, at 10; Reproduced Record (R.”
In Re: Painted Bride Art Center, Inc., non-profit corp. ~ Appeal of: Painted Bride Art Center, Inc. (2020) pacommwct “§5547(b), a charitable entity’s purposes may be altered only by a court order applying the cy-pres[7] doctrine codified in 20 Pa.C.S. §7740.3. No such order was entered here, and the record would not support one: Painted Bride’s purposes are not impracticable or impossible, and…”
— 20 Pa. Cons. Stat. § 7740.3(a)(3) — 4 cases
Com. of Pa. v. New Foundations, Inc. (2018) pacommwct “20 Pa.C.S. § 7740.3(a)(3) provides "the court shall apply cy pres to fulfill as nearly as possible the settlor's charitable intention, whether it be general or specific.”
In re: Lincoln Fire Co., Non-Profit Corp. ~ Appeal of: Lincoln Fire Co. (2024) pacommwct “” 20 Pa.C.S. § 7740.3, Comment. 12 population that was the intended object of the charitable gift.”
In Re: Trust B of Wells Apl of: V.M.I. Foundation (2024) pa “66 Subsections (a) and (b) are modeled upon Section 413 of the UTC, and they recognize that strict adherence to a settlor’s intended charitable purpose may not always be possible because of changing circumstances that arise after the settlor’s intent is 66 20 Pa.C.S. § 7740.3.…”
In Re: Trust B of Wells; Apl of: V.M.I. Foundation (2024) pa “66 Subsections (a) and (b) are modeled upon Section 413 of the UTC, and they recognize that strict adherence to a settlor’s intended charitable purpose may not always be possible because of changing circumstances that arise after the settlor’s intent is 66 20 Pa.C.S. § 7740.3.…”
— 20 Pa. Cons. Stat. § 7740.3(b) — 1 case
In re: Lincoln Fire Co., Non-Profit Corp. ~ Appeal of: Lincoln Fire Co. (2024) pacommwct “” 20 Pa.C.S. § 7740.3, Comment. 12 population that was the intended object of the charitable gift.”
— 20 Pa. Cons. Stat. § 7740.3(c) — 6 cases
Estate of Girard (2016) pacommwct “to Modify Charitable Trust for the Benefit of Girard College Pursuant to 20 Pa.C.S. § 7740.3 (Will), Clause XX, at 10; Reproduced Record (R.”
Estate of S. Girard, Trust for Girard College -- Appeal of: Board of Directors of City Trusts, Trustee of the Trust unde (2016) pacommwct “to Modify Charitable Trust for the Benefit of Girard College Pursuant to 20 Pa. C.S. §7740.3 (Will), Clause XX, at 10; Reproduced Record (R.”
In re: Independent Fire Co. No. 1 a non profit corp. ~ Appeal of: Com. of PA (2020) pacommwct “3 of the Trust Act, 20 Pa.C.S. §7740.3. As such, given the nature of its claim as framed and presented on appeal, the Commonwealth is proceeding in its traditional role as parens patriae, exercising 8 Section 5981 of the Nonprofit Law states that a trial court may entertain…”
In Re: Trust B of Wells Apl of: V.M.I. Foundation (2024) pa “66 Subsections (a) and (b) are modeled upon Section 413 of the UTC, and they recognize that strict adherence to a settlor’s intended charitable purpose may not always be possible because of changing circumstances that arise after the settlor’s intent is 66 20 Pa.C.S. § 7740.3.…”
In re: Atwater Kent Museum ~ Appeal of: The Historical Society of PA (2024) pacommwct
— 20 Pa. Cons. Stat. § 7740.3(d) — 1 case
Commonwealth v. Brown, L.; of: Family Members (2026) pa
— 20 Pa. Cons. Stat. § 7740.3(e) — 7 cases
In Re: Trust B of Wells Apl of: V.M.I. Foundation (2024) pa “66 Subsections (a) and (b) are modeled upon Section 413 of the UTC, and they recognize that strict adherence to a settlor’s intended charitable purpose may not always be possible because of changing circumstances that arise after the settlor’s intent is 66 20 Pa.C.S. § 7740.3.…”
In Re: Trust B of Wells; Apl of: V.M.I. Foundation (2024) pa “66 Subsections (a) and (b) are modeled upon Section 413 of the UTC, and they recognize that strict adherence to a settlor’s intended charitable purpose may not always be possible because of changing circumstances that arise after the settlor’s intent is 66 20 Pa.C.S. § 7740.3.…”
In Re: Trust B of Wells Apl of: V.M.I. Foundation (2024) pa
In Re: Trust B of Wells; Apl of: V.M.I. Foundation (2024) pa
In Re: Reliance Hose Company No. 2 of Glassport, a PA Non-Profit Corp. ~ Appeal of: Citizen's Hose Company No. 1 of Glas (2016) pacommwct
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