Читать книгу Form 1041 - Stephen Brooks - Страница 17

A trust may be created only for purposes that are lawful, not contrary to public policy, and not impossible to achieve.¹⁰ A trust may be created for charitable or noncharitable purposes, or for a combination of the two.¹¹ A charitable trust may be created for the relief of poverty; advancement of education or religion; promotion of health, governmental, or municipal purposes; or other purposes for which the achievement is beneficial to the community.¹²

A trust or a particular trust provision is invalid if

 its purpose is unlawful or its performance calls for the commission of a criminal or tortious act;

 it violates rules relating to perpetuities;¹³ or

 it is contrary to public policy.¹⁴

The fact that the trust purpose cannot be achieved by lawful means will not necessarily invalidate the trust if there is a substantial valid purpose that can be achieved by methods that are not unlawful. This will not be the case if the purpose or method directed is so essential to the settlor's objective(s) that the permissible and impermissible purposes cannot be separated.¹⁵

Finally, a noncharitable private trust, or a particular provision in the trust, may be invalid because all the purposes for which a trust is created are so indefinite that they cannot be enforced. Also, if the trust purposes are impossible to perform, the trust will be terminated.