In Re Kramer and the Enforceability of Charitable Pledges in New York

Legal practitioners may often take the enforceability of charitable subscriptions or pledges as a given.  This is understandable given the balance of case law in New York which has historically and actively upheld charitable pledges as a public policy matter.  Nevertheless, it is important to understand the legal theories upon which this history of enforceability is based, or a pledge may become the subject of scrutiny and challenge.  A recent Kings County Surrogate’s Court decision in Matter of Kramer is one such case where a charitable pledge was not enforced, and it serves as a useful reminder that the enforcement of charitable pledges should not be taken for granted. Join Trusts & Estates attorney Spencer Reames as he examines the historical framework of charitable pledge enforceability in New York, and what went wrong in Kramer, so that practitioners may ensure their clients’ adherence to justify enforceability.

Learning Objectives:

I.    Understand the historical legal underpinnings of the enforceability of charitable pledges in New York

II.   Utilize the fundamental theories of enforceability to ensure strong, accepted pledges

III.  Avoid pitfalls and challenges to enforceability