Document Type

Article

Publication Date

January 2020

Disciplines

Estates and Trusts | Law

Abstract

Noncharitable purpose trusts are recognized under the Uniform Trust Code and the non-uniform laws of many jurisdictions. In 2019, Oregon enacted a stewardship trust statutory scheme. A stewardship trust is a purpose trust which is designed to hold and preserve corporate stock. Properly drafted, a stewardship trust can soften the indefatigable pursuit of profits that drive corporate entities. A stewardship trust can substitute ethical ideals - at least in part - for shareholder return. The purpose trust statutes of other jurisdictionscould also partially permit ambitions similar to those which motivated the Oregon legislation to be realized. The concept of a stewardship trust might be pursued even in jurisdictions which do not specifically contemplate purpose trusts being utilized for the prudent but compassionate stewardship of a closely-held business enterprise.

Publication Title

53 Creighton Law Review 643

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