633.5102  Application of cy-pres.

Unless the terms of the trust provide to the contrary the following apply:

1.  A charitable trust does not fail, in whole or in part, if a particular purpose for which the trust was created becomes impracticable, unlawful, or impossible to fulfill.

2.  If a particular charitable purpose for which a trust was created becomes impracticable, unlawful, or impossible to fulfill, the court may modify the terms of the trust or direct that the property of the trust be distributed in whole or in part in a manner best meeting the settlor's general charitable purposes. If an administrative provision of a charitable trust becomes impracticable, unlawful, impossible to fulfill, or otherwise impairs the effective administration of the trust, the court may modify the provision.

Section History: Recent form

  99 Acts, ch 125, §86, 109

Footnotes

  Section effective July 1, 2000; 99 Acts, ch 125, §109


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