Session 2: Charitable Gifts Gone Awry: Contemporary Issues and Challenges for Planners and Litigators

Disputes involving charitable gifts and bequests are common. This panel will discuss recent cases and controversies with a focus on how to avoid disputes as well as litigation strategies in the event of a dispute. Issues discussed will include standing to enforce a charitable gift, enforcement of pledge agreements, and the varying deference given by courts to donors’ expression of intent when deciding whether to apply cy pres. Also addressed will be the lack of coherence in the law given the different rules governing charitable gifts in UPMIFA, the UTC, and the common law.

Speakers: Jared R. Cloud, Nancy A. McLaughlin, Jeffrey C. Thede