Current through Register Vol. 54, No. 44, November 2, 2024
(a) In every court proceeding involving or
affecting a charitable interest with the exception hereinafter set forth, at
least 20 days advance written notice thereof shall be given to the Attorney
General of the Commonwealth at the principal office in Harrisburg,
Pennsylvania, or to a deputy of the Attorney General 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:
(1) The caption of the
case;
(2) a description of the
nature of the proceeding;
(3) The
date, time and place when the matter is to be heard by the court to the extent
then known;
(4) The name of the
decedent, settlor, incapacitated person or minor, if not disclosed by the
caption;
(5) a copy of the will or
other instrument creating the charitable interest;
(6) The name and address of any specific
charity which may be affected by the proceeding;
(7) if the charitable interest is a present
interest, a description and the approximate market value of that
interest;
(8) if the charitable
interest is a future interest and the estimated present value of the charity's
future interest in the property 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;
(9) 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;
(10) The names and
addresses of all fiduciaries;
(11)
the name and address of counsel for each fiduciary;
(12) The name and address of counsel for any
charity who has received notice or has appeared for the charity and the name of
the charity which counsel represents; and
(13) a copy of an Account if the proceeding
involves an Account and if the charity is any one of the following:
(i) a residuary beneficiary, including as a
beneficiary of a residuary trust;
(ii) a pecuniary legatee in an amount greater
than $25,000; or
(iii) a pecuniary
legatee where the bequest has not and will not be paid in full.
(b) Proof of service of
the above notice or an acknowledgment of such notice received from the Attorney
General or a deputy of the Attorney General shall be filed with the clerk in
every proceeding involving a charitable interest prior to the entry of any
decree.
(c) Unless the court
directs otherwise, no notice to the Attorney General or a deputy of the
Attorney General 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.
Note: Rule
4.4 is substantively identical to
former Rule 5.5.
