Legal Question in Wills and Trusts in California

Charitable Trust

Someone leaves a milliom dollars to a college to build a new building for the music department. But the college has eliminated its music program and no longer has a music department. What should the court do with the million dollars? What did the transferor really want? Is there any way to know?


Asked on 9/20/00, 12:12 pm

1 Answer from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Charitable Trust

The trust should have an alternate beneficiary, or allow the trustee to give the gift to another similar qualified nonprofit.

If not, the trustee may have to petition the court under the "cy pres" doctrine and ask them to approve a beneficiary that has a purpose similar to the previous one.

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Answered on 10/20/00, 10:04 am


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