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A.R.S. § 14-10110

Qualified Beneficiary Rights in Trusts

Verified April 4, 202657th Legislature, 1st Regular Session

Certain people and groups tied to charitable trusts, pet trusts, and other purpose trusts get special rights. They hold the same rights as qualified beneficiaries. This statute spells out who qualifies and what notice the trustee must give.

Title 14, ARIZONA TRUST CODE

azleg.gov

Who Counts as a Qualified Beneficiary

Not every trust has people as its beneficiaries. Some trusts support a charitable mission. Others care for a pet or serve another purpose.

These trusts still need oversight. This statute says who fills that role.

A charitable organization that is expressly and irrevocably designated to receive distributions under the terms of a charitable trust or a person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in section 14-10408 or 14-10409 has the rights of a qualified beneficiary under this chapter.

A.R.S. § 14-10110(A)

In other words, a named charity or trust enforcer can ask for accountings and receive notices. They hold the same rights as any individual beneficiary. This keeps the trustee in check even when no single person stands to inherit.

For charitable beneficiaries of a trust, these rights offer a real check on how the trustee handles assets.

Trustee Duties for Charitable Trusts

When someone creates a charitable trust, the law requires notice to the attorney general. The same applies when a new trustee steps in. The trustee must share key parts of the trust within sixty days.

The trustee must also report any big changes.

Within sixty days after the creation of a charitable trust, shall promptly furnish to the attorney general a copy of the portions of the charitable trust instrument that are necessary to describe the charitable purpose.

A.R.S. § 14-10110(B)(1)

These rules exist because the public has a stake in how charitable assets are used. The attorney general acts as a watchdog. They make sure trustees follow the trust's terms and charitable goals.

For families setting up a charitable trust, these notice rules matter. A tax deduction may depend on proper trust management. Missing the notice does not void the trust, but it can create problems for tax planning.

No matter the type of charitable trust, this framework makes sure someone is always watching.

14-10110. Others treated as qualified beneficiaries A. A charitable organization that is expressly and irrevocably designated to receive distributions under the terms of a charitable trust or a person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in section 14-10408 or 14-10409 has the rights of a qualified beneficiary under this chapter. B. With respect to a charitable trust created on or after January 1, 2009 having its principal place of administration in this state, a trustee: 1. Within sixty days after the creation of a charitable trust, shall promptly furnish to the attorney general a copy of the portions of the charitable trust instrument that are necessary to describe the charitable purpose. 2. Within sixty days after accepting a trusteeship for a charitable trust, shall notify the attorney general of the acceptance and of the trustee's name, address and telephone number. 3. At least thirty days in advance, shall notify the attorney general of any of the following: (a) Any change in the charitable trust's principal place of administration to another state. (b) Any dissolution of the charitable trust. (c) Any change in the charitable purpose of the charitable trust. (d) Any court proceedings regarding the charitable trust. (e) Any change in the method or rate of the trustee's compensation. C. For the purposes of subsection B of this section, a "charitable trust" means a trust that is a qualified entity under section 501(c)(3) of the internal revenue code for tax exempt status under section 501(a) of the internal revenue code.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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