Cheng-chi (Kirin) Chang (Emory University School of Law) & Yenpo Tseng (Cornell Law School) have posted Trust Issues: Navigating Donor Intent in a Changing World (17 Estate Planning & Community Property Law Journal 23) on SSRN. Here is the abstract:
Amid the evolving legal landscape, the doctrine of cy pres confronts the challenge of harmonizing traditional donor intent with modern societal demands. This Article embarks on a critical examination of cy pres, navigating through its historical trajectory, legal complexities, and the shift towards a more flexible, public-oriented application. Despite its deep roots in trust law, existing scholarship often neglects the nuanced interplay between preserving donor wishes and adapting to contemporary needs. This gap is addressed by analyzing the gradual transition in United States jurisprudence towards favoring public benefit and the pivotal role of state attorney generals in ensuring trust, integrity, and accountability. Expanding the discourse, this Article presents a comparative study of cy pres across the United Kingdom, Japan, South Korea, and Taiwan, uncovering varied international approaches and underscoring the doctrine's global relevance and adaptability challenges. These insights reveal the necessity for contextsensitive, dynamic solutions. This Article concludes by advocating for balanced cy pres application, one that meticulously aligns philanthropic endeavors with evolving societal contexts while upholding donor intent. It calls for a thoughtful, nuanced approach that fosters both public trust and the integrity of charitable giving, ensuring that cy pres remains a vital, responsive tool in the management of charitable trusts.
