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Trust to hold residue “in perpetuity” is not charitable

Trust to hold residue “in perpetuity” is not charitable

Trust to hold residue “in perpetuity” is not charitable

Ollie Waid, Jr. established a revocable living trust in 2010 and made several revisions before he died in 2018. The final version provides that, after making some specific bequests to individuals and charities, the trustee “shall hold, distribute and pay the remaining principal and undistributed income in perpetuity; subject, however, to limitations imposed by law.” The residuary estate was valued at approximately $4.6 million. The trustee sought a court determination that the trust was a charitable trust. He based his argument in part on statements from Waid’s prior attorney who said that Waid intended the residuary share to be distributed for the benefit of tax-exempt charities within the...

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