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

53 Pages Posted: 11 Sep 2006 Last revised: 21 Apr 2009

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

Suggested Citation

Weisbord, Reid K., Reservations About Donor Standing: Should the Law Allow Charitable Donors to Reserve the Right to Enforce a Gift Restriction?. Real Property, Probate and Trust Journal, Vol. 42, No. 2. Available at SSRN: https://ssrn.com/abstract=929318

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