Which statement is true regarding charitable express trusts in relation to the rule against perpetuities?

Which statement is true regarding charitable express trusts in relation to the rule against perpetuities?

• A. Not subject to RAP
• B. They require a private, definite beneficiary
• C. They may not be enforceable by the Attorney General
• D. They last only 21 years

Answer: (A)

Charitable express trusts escape the rule against perpetuities. The rule generally limits private interests to vest within a life in being plus 21 years, but trusts established for charitable purposes are exempt because they benefit the public and can operate indefinitely. If the charitable purpose becomes impracticable, courts can apply cy pres to redirect the trust to a closely related charitable use, preserving the overall intent. The Attorney General has authority to supervise and enforce compliance with charitable trusts, ensuring they fulfill their public goal. So the statement that applies is that charitable express trusts are not subject to the rule against perpetuities; the other options misstate the private-beneficiary requirement, enforceability by the AG, or the duration.

Charitable express trusts escape the rule against perpetuities. The rule generally limits private interests to vest within a life in being plus 21 years, but trusts established for charitable purposes are exempt because they benefit the public and can operate indefinitely. If the charitable purpose becomes impracticable, courts can apply cy pres to redirect the trust to a closely related charitable use, preserving the overall intent. The Attorney General has authority to supervise and enforce compliance with charitable trusts, ensuring they fulfill their public goal. So the statement that applies is that charitable express trusts are not subject to the rule against perpetuities; the other options misstate the private-beneficiary requirement, enforceability by the AG, or the duration.