Section 5.5. Charities—notice to the Attorney General

In every proceeding in the Orphans’ Court involving or affecting a charitable interest with the exception hereinafter set forth, at least fifteen days advance written notice thereof shall be given to the Attorney General of the Commonwealth of Pennsylvania at his principal office at Harrisburg, Pennsylvania, or to a deputy of his whom he shall have designated for such purpose for the judicial district in which the proceeding is pending. The notice shall include or be accompanied by such of the following as may be appropriate

(a) The caption of the case;

(b) a description of the nature of the proceeding;

(c) the date, time and place when the matter is to be heard by the court to the extent then known;

(d) the name of the decedent, settlor, incompetent or minor, if not disclosed by the caption;

(e) a copy of the will or other instrument creating the charitable interest;

(f) the name and address of any specific charity which may be affected by the proceeding;

(g) if the charitable interest is a present interest, a description and the approximate market value of that interest;

(h) if the charitable interest is a future interest and the estimated present value of the property involved exceeds $25,000, a brief description thereof including the conditions precedent to its vesting in enjoyment and possession, the names and ages of persons known to have interests preceding such charitable interest, and the approximate market value of the property involved;

(i) a description of any unresolved claim and any material question of interpretation or distribution likely to be submitted for adjudication which may affect the value of the charitable interest;

(j) the names and addresses of all fiduciaries;

(k) the name and address of counsel for the fiduciary; and

(l) the name and address of counsel for any charity who has received notice or has appeared for it and the name of the charity which he represents.

Proof of service of the above notice by registered or certified mail or an acknowledgment of such notice received from the Attorney General or his deputy shall be filed of record in every proceeding involving a charitable interest prior to the entry of any decree.

Unless the Orphans’ Court directs otherwise by local rule adopted after the effective date hereof, no notice to the Attorney General or his designated deputy shall be required with respect to a pecuniary legacy to a charity in the amount of $25,000 or less which has been or will be paid in full.

Explanatory Note

This is an adaptation from rules presently in effect in a number of counties which in turn were derived from informal recommendations made by Mr. Justice McBride when he was Attorney General, published in Fiduciary Review, April 1958. That same article lists many non-accounting type proceedings in which notice would also be required.

Reproduction and mailing costs for the sender, as well as voluminous filing problems for the Attorney General seem to render it inadvisable to require submission of a copy of the account, pleadings, or other documents with the initial notice. The 15-day period should be adequate to enable the Attorney General to request and obtain a copy thereof in any proceeding where he deems further consideration desirable. The rule has been drafted with the objective that it be adaptable to a printed form of charitable notice. A number of counties have already adopted printed forms with considerable success.

There has not been complete unanimity among practitioners with regard to the scope of the doctrine announced in Pruner Estate, 390 Pa. 529, 136 A.2d 107, 1957. Despite the fact that the reported opinion referred only to charitable trusts and despite the distinction drawn between a charitable trust and an outright legacy to charity in Craig Estate, 356 Pa. 564, 52 A.2d 650, 1947, it is thought that the underlying principles parens patriae should be equally applicable to an outright pecuniary legacy to a named charity. On the other hand it seems useless to demand notice of a small pecuniary legacy which has or will be paid in full.

This notice is not intended to supplant or obviate the required application for leave of the Attorney General to institute cy pres proceedings for pre-1948 trusts under the provisions of the Act of 1855, P. L. 328, as amended.

The words ‘‘or his designated deputy’’ are added to conform with the wording in the initial paragraph and for further identification of the person to whom notice is usually most appropriate. The change from $10,000 to $25,000 avoids a nuisance for all parties in instances where the services of the Attorney General are not required.

Committee Comment—2006

See Appendix for form of notice under Rule 5.5.

The provisions of this Rule 5.5 amended October 16, 2006, effective 30 days from the date of entry of this order, 36 Pa.B. 6760. Immediately preceding text appears at serial pages (252119) to (252120) and (255427).