Limitations on Charitable Trusts Self-Quiz

 

 

 

 

 

 

 

Omar became sick very suddenly and was taken immediately to the local hospital. While he was in and out of consciousness, his pastor came to visit him in the hospital. Since Omar did not have a will, his pastor convinced him to write one, leaving his assets to the church, although he had three children and eight grandchildren. If the heirs contest the will, what would be the court’s decision?
Choice 1 Uphold the will, thereby allowing the assets to pass to the church.
Choice 2 Reject the will, thereby allowing the assets to pass to Omar’s heirs pursuant to the intestacy laws.
Choice 3 Reject the will and apply a constructive trust.
Xavier leaves his estate in trust, the income to be shared equally among his three children, Renata, Irene and Portia “until my youngest grandchild reaches the age of 25.” At that time, the corpus will be given to his alma mater, Northwestern University. There is no residuary provision in the will, if the above bequest fails for any reason. The trust does not violate the Rule Against Perpetuities?
True
False

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