Wills and Trusts Bar Practice Exam 2026 – Complete Prep Guide

A charitable trust does not require ascertainable beneficiaries because its purpose is to benefit the public or a segment of the public rather than identifiable individuals. Charitable trusts are designed to promote a charitable purpose, such as education, relief of poverty, or other community benefits. Therefore, they can exist even if specific beneficiaries cannot be named or identified at the time the trust is created.

In contrast, inter vivos trusts, testamentary trusts, and private trusts typically require ascertainable beneficiaries. Inter vivos trusts, which are created during the grantor's lifetime, generally must have clear beneficiaries to determine who will receive the trust property. Testamentary trusts, established through a will, also need ascertainable beneficiaries to ensure proper distribution of the estate's assets. Similarly, private trusts are designed to benefit specific individuals, who must be identifiable to ensure the trust operates as intended.

This characteristic of charitable trusts allows for greater flexibility in how charitable purposes can be fulfilled, accommodating the broader scope of societal benefit rather than strictly adhering to defined individual beneficiaries.