Who enforces an express charitable trust?

• A. Attorney General
• B. Donor
• C. Trustee
• D. Beneficiaries

Answer: (A)

Charitable trusts are public trusts, created for the benefit of the public or a charitable class. Because they involve the public interest, enforcement is handled by the state’s Attorney General, who acts as the guardian of charitable resources. The Attorney General can sue to enforce the trust terms, prevent misuse, and take actions like removing a trustee or seeking cy pres when the original charitable purpose cannot be carried out. The donor is the creator of the trust, and the trustee administers it according to its terms, but neither is the primary enforcer of the charitable trust. Beneficiaries of a charitable trust are the public (or a charitable class) and generally do not have the standalone standing to enforce the trust in the same way the Attorney General does.