# R.I. Gen. Laws § 18-4-23: Charitable remainder trusts

> Rhode Island · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_RI_T18_C18-4_S18-4-23

## Section

- **Citation:** R.I. Gen. Laws § 18-4-23
- **Heading:** Charitable remainder trusts
- **Jurisdiction:** Rhode Island
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** RI Code / Title 18 / Chapter 18-4 / Section 18-4-23

## Text

(a) As used in this section the term charitable remainder trust has the meaning ascribed to that term in § 664 of the Internal Revenue Code, 26 U.S.C. § 664, and in §§ 1.664-1 through 1.664-4 of proposed regulations dealing with charitable remainder trusts, published in the federal register on September 18, 1971, on behalf of the secretary of the treasury of the United States or the secretarys delegate.

(b) The superior court shall have jurisdiction:

(1) In the case of property transferred to a trust created before August 1, 1969, whose governing instrument provides that an organization described in § 170(c) of the Internal Revenue Code, 26 U.S.C. § 170(c), receives an irrevocable remainder interest in the trust, to enter judgment whereunder, in order that the trust qualify as a charitable remainder trust, the transferred property and any undistributed income from it is to be severed and placed in a separate trust, within the meaning of § 1.664-1(g)(2) of the proposed regulations.

(2) In the case of a trust created subsequent to July 31, 1969, whose governing instrument provides that an organization referred to in 26 U.S.C. § 170(c) receives an irrevocable remainder interest in the trust, to enter judgment whereunder, in order that the trust qualify as a charitable remainder trust, the governing instrument is to be amended by including in the instrument the provisions required by the proposed regulations to be included; deleting from the instrument the provisions prohibited by the proposed regulations from being included; and, to the extent found by the court to be in furtherance of the intention of the creator of the trust, including provisions permitted by the proposed regulations to be included.

(c) The provisions of subsection (b) of this section shall not apply to the extent that the superior court determines that the application would be contrary to the terms of the instrument governing the trust and that the instrument may not properly be changed to conform to the proposed regulations.

(d) All references to sections of the Internal Revenue Code shall include future amendments to those sections and corresponding provisions of future internal revenue laws; and all references to sections of proposed regulations shall include regulations dealing with charitable remainder trusts as finally adopted by the secretary of the treasury or the secretarys delegate and future amendments to those regulations.

## Nearby sections

- [R.I. Gen. Laws § 18-4-1 § 18-4-1. Application of cy pres doctrine.](https://www.frixlaw.com/law-library/statutes/STATE_RI_T18_C18-4_S18-4-1.md)
- [R.I. Gen. Laws § 18-4-2 § 18-4-2. Powers of trustees.](https://www.frixlaw.com/law-library/statutes/STATE_RI_T18_C18-4_S18-4-2.md)
- [R.I. Gen. Laws § 18-4-3 § 18-4-3. Arbitration.](https://www.frixlaw.com/law-library/statutes/STATE_RI_T18_C18-4_S18-4-3.md)
- [R.I. Gen. Laws § 18-4-4 § 18-4-4. Power of sale.](https://www.frixlaw.com/law-library/statutes/STATE_RI_T18_C18-4_S18-4-4.md)
- [R.I. Gen. Laws § 18-4-5 § 18-4-5. Effect of trustees receipt.](https://www.frixlaw.com/law-library/statutes/STATE_RI_T18_C18-4_S18-4-5.md)
- [R.I. Gen. Laws § 18-4-6 § 18-4-6. Conveyance by infant trustee.](https://www.frixlaw.com/law-library/statutes/STATE_RI_T18_C18-4_S18-4-6.md)
- [R.I. Gen. Laws § 18-4-7 § 18-4-7. Disposition of money payable to infant trustee.](https://www.frixlaw.com/law-library/statutes/STATE_RI_T18_C18-4_S18-4-7.md)
- [R.I. Gen. Laws § 18-4-8 § 18-4-8. Settlement of debts and claims  Assent of court.](https://www.frixlaw.com/law-library/statutes/STATE_RI_T18_C18-4_S18-4-8.md)
- [R.I. Gen. Laws § 18-4-9 § 18-4-9. Powers of surviving fiduciaries.](https://www.frixlaw.com/law-library/statutes/STATE_RI_T18_C18-4_S18-4-9.md)
- [R.I. Gen. Laws § 18-4-10 § 18-4-10. Management powers exercised with court approval.](https://www.frixlaw.com/law-library/statutes/STATE_RI_T18_C18-4_S18-4-10.md)
- [R.I. Gen. Laws § 18-4-11 § 18-4-11. Purposes for which borrowing authorized.](https://www.frixlaw.com/law-library/statutes/STATE_RI_T18_C18-4_S18-4-11.md)
- [R.I. Gen. Laws § 18-4-12 § 18-4-12. Leases authorized.](https://www.frixlaw.com/law-library/statutes/STATE_RI_T18_C18-4_S18-4-12.md)
- [R.I. Gen. Laws § 18-4-13 § 18-4-13. Parties to management proceedings  Guardians ad litem  Costs.](https://www.frixlaw.com/law-library/statutes/STATE_RI_T18_C18-4_S18-4-13.md)
- [R.I. Gen. Laws § 18-4-14 § 18-4-14. Binding effect of authorized transactions.](https://www.frixlaw.com/law-library/statutes/STATE_RI_T18_C18-4_S18-4-14.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_RI_T18_C18-4_S18-4-23. Check the current official text before relying on it. Not legal advice.
