Reservations About Donor Standing: Should the Law Allow Charitable Donors to Reserve the Right to Enforce a Gift Restriction?

Abstract

While charitable donors are often eager to enforce the terms of their gift in court, principles of charitable trust law traditionally preclude a donor from litigating restrictions governing the use of a gift. This article analyzes the most recent decisions that erode the common law prohibition of donor standing and proposes a model for legislative reform that would create a limited right to reserve donor standing.

Keywords: Trust, Estate, Gift, Charitable, Donor, Enforce, Standing