In matters involving the administration and modification of charitable trusts, Saul Ewing attorneys fully understand the significant tension between respecting donor intent and the importance of public interest and charitable efficiency. Whether confronted with a charitable trust that is no longer productive or that no longer functions as intended, we assist clients in instances ranging from significant depletion (or negative performance) of trust assets, to changes in tax laws, to impracticable trust terms and unanticipated circumstances that impair execution of the trust’s intended purpose.
Our team has broad experience addressing such issues, including:
- counseling clients on the modification and reformation of charitable trusts and endowments;
- cy pres matters in which modification of charitable gifts and trusts is sought to better address public needs; and
- administrative deviation matters aimed at modifying specific charitable trust provisions when those provisions frustrate the general intent or purposes of the donor and the effective administration of the trust.
In handling these and other like matters, we frequently navigate and work with the Pennsylvania Office of Attorney General on behalf of our clients. In addition, we have extensive state and federal regulatory experience, which enables us to effectively deal with the specific regulatory framework facing charitable trusts and nonprofit organizations in these types of matters.
