2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 77 - Trusts
7740.3 - Charitable trusts - UTC 413.

     § 7740.3.  Charitable trusts - UTC 413.
        (a)  General rule.--Except as otherwise provided in
     subsection (b), if a particular charitable purpose becomes
     unlawful, impracticable or wasteful:
            (1)  the trust does not fail, in whole or in part;
            (2)  the trust property does not revert to the settlor or
        the settlor's successors in interest; and
            (3)  the court shall apply cy pres to fulfill as nearly
        as possible the settlor's charitable intention, whether it be
        general or specific.
        (b)  Exception.--A provision in the terms of a charitable
     trust that would result in distribution of the trust property to
     a noncharitable beneficiary prevails over the power of the court
     under subsection (a) to apply cy pres.
        (c)  Administrative deviation.--A court may modify an
     administrative provision of a charitable trust to the extent
     necessary to preserve the trust.
        (d)  Administrative termination of small charitable trusts.--
     A trust solely for charitable purposes having assets of less
     than $100,000 may be terminated at its inception or at any time
     thereafter by the trustee with the consent of the Attorney
     General and all charitable organizations that are designated as
     beneficiaries by name in the trust instrument. Upon termination,
     the assets, subject to the approval of the Attorney General,
     shall be delivered to the organizations, if any, designated in
     the trust instrument or, if none, to organizations selected by
     the trustee, in either case to be held and applied for the
     general or specific charitable purposes and on the terms that
     will, in the trustee's discretion, fulfill as nearly as possible
     the settlor's intention.
        (e)  Judicial termination of charitable trusts.--If the
     separate existence of a trust, whenever created, solely for
     charitable purposes results or will result in administrative
     expense or other burdens unreasonably out of proportion to the
     charitable benefits, the court may, upon application of the
     trustee or any interested person and after notice to the
     Attorney General, terminate the trust, either at its inception
     or at any time thereafter, and award the assets outright, free
     of the trust, to the charitable organizations, if any,
     designated in the trust instrument or, if none, to charitable
     organizations selected by the court, in either case for the
     purposes and on the terms that the court may direct to fulfill
     as nearly as possible the settlor's intentions other than any
     intent to continue the trust, if the court is satisfied that the
     charitable organizations will properly use or administer the
     assets.

        Cross References.  Section 7740.3 is referred to in sections
     7705, 7740 of this title.