§ 306 — Representation of charity

If a trust contains a charitable interest, the Attorney General may, in accordance with this Section, represent, bind, and act on behalf of the charitable interest with respect to any particular question or dispute, including without limitation representing the charitable interest in a nonjudicial settlement agreement under Section 111, in an agreement to convert a trust to a total return trust under Article 11, or in a distribution in further trust under Article 12. A charitable organization that is specifically named as beneficiary of a trust or otherwise has a beneficial interest in a trust may act for itself. Notwithstanding any other provision, nothing in this Section shall be construed to limit or affect the Attorney General's authority to file an action or take other steps as he or she deems advisable at any time to enforce or protect the general public interest as to a trust that provides a beneficial interest or expectancy for one or more charitable organizations or charitable purposes whether or not a specific charitable organization is named in the trust. This Section shall be construed as declarative of existing law and not as a new enactment.

Legislative History

(Source: P.A. 101-48, eff. 1-1-20 .)