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Laws Governing Restrictions On Charitable Gifts: The Consequences Of Codification, Nancy Mclaughlin
Laws Governing Restrictions On Charitable Gifts: The Consequences Of Codification, Nancy Mclaughlin
Utah Law Faculty Scholarship
Over the last two decades we have seen marked changes in the laws governing donor-imposed restrictions on charitable gifts. These changes have occurred primarily as a result of the adoption in many states of the Uniform Trust Code (the UTC) and the Uniform Prudent Management of Institutional Funds Act (UPMIFA). This Essay explains that codification in the UTC and UPMIFA of liberalized versions of cy pres and deviation, as well as other related changes to the common law, have had unintended negative consequences. Those negative consequences include a lack of coherence in the law, an elevation of form over substance …