Any person desiring in his or her lifetime to promote the public welfare by founding, endowing, and maintaining within this state a university, college, school, seminary of learning, mechanical institute, museum, botanic garden, public park, or gallery of art, or any or all thereof, may, for such purposes, by grant in writing convey to a trustee, or any number of trustees, named in the grant, and to their successors, any property, real or personal, belonging to him or her and situated within this state. If he or she is married or in a registered domestic partnership and the property is community property, then both spouses shall join in the grant.
Article 1Foundations and Trusts
Section § 21100
If you want to help the public good by starting or supporting a school, museum, park, or similar institution in California, you can do so by giving your property to a trustee to manage. If the property is shared with a spouse or partner, both must agree to the donation.
public welfare founding institutions property grant trustees community property married domestic partnership university college museum school botanic garden public park gallery of art mechanical institute
Section § 21101
This law allows a grantor, or person giving a grant, to specify several details when establishing an institution. They can outline the institution's purpose, choose its name, define the trustees' roles and how they report their activities, and decide who appoints new trustees. The grantor can also set management rules, which are mostly advisory, and specify details about the construction of buildings needed for the institution.
The grantor may designate in the grant:
(a)CA Education Code § 21101(a) The nature, object, and purposes of the institution to be founded, endowed, and maintained.
(b)CA Education Code § 21101(b) The name by which it shall be known.
(c)CA Education Code § 21101(c) The powers and duties of the trustees, and the manner in which they shall account, and to whom, if accounting is required. Such powers and duties shall not be exclusive of other powers and duties which may be necessary to enable the trustees to fully carry out the objects of the grant.
(d)CA Education Code § 21101(d) The mode and manner, and by whom, the successors to the trustee or trustees named in the grant are to be appointed.
(e)CA Education Code § 21101(e) Such rules and regulations for the management of the property conveyed as the grantor may elect to prescribe. Such rules shall, unless the grantor otherwise prescribes, be deemed advisory only, and shall not preclude the trustees from making such changes as new conditions may from time to time require.
(f)CA Education Code § 21101(f) The place where and the time when the buildings necessary and proper for the institution shall be erected, and the character and extent thereof.
grantor institution trustees management rules appoint successors institution name institution purpose trustee powers building construction property management trustee duties successor appointment advisory rules institutional governance founding an institution
Section § 21102
This law allows the person giving a grant to decide what should be taught at an educational institution and to set conditions for admitting talented students from different schools across the state. It focuses on rewarding students for their exceptional behavior and academic performance with access to the institution's opportunities.
The grantor may also provide for all other things necessary and proper to carry out the purposes of the grant, and especially may provide for the trades and professions which shall be taught in the institution, and the terms upon which deserving scholars of the public and private schools of the various counties of this state may be admitted to all the privileges of the institution, as a reward for meritorious conduct and good scholarship.
grantor educational institution deserving scholars reward for merit good scholarship admission terms public schools private schools county students trades taught professions taught institution privileges academic performance meritorious conduct grant purposes
Section § 21103
This law allows for the creation of scholarships that cover educational costs for certain children. It specifically focuses on children of people who have served or died while working for the state, as well as children of mechanics, tradesmen, and laborers who have died without leaving enough money to educate their kids.
The grantor may also provide for maintaining free scholarships for children of persons who have rendered service to or who have died in the service of the state and for maintaining free scholarships for children of mechanics, tradesmen, and laborers, who have died without leaving means sufficient to give their children a practical education, fitting them for the useful trades or arts.
free scholarships children of state servants children of deceased mechanics practical education funding scholarships for trades children of deceased tradesmen service to the state aid for laborers' children educational support scholarships for laborers' children
Section § 21104
This law allows the person who gives a gift or grant to a university to set terms and conditions for students and deserving individuals to attend university lectures for free. It also allows them to specify how museums, art galleries, and music conservatories connected to the university can be accessed by deserving individuals without charge, even if they aren't students at the university.
The grantor may also provide the terms and conditions upon which students in the public and private schools, and other deserving persons, may, without cost to themselves, attend the lectures of any university established, and also the terms and conditions upon which the museums, art galleries, and conservatories of music, connected with any such institution, shall be open to all deserving persons without charge, and without their becoming students of the institution.
grantor terms and conditions university lectures public schools private schools deserving persons free access museum access art gallery access music conservatory non-student access
Section § 21105
This law says that the trustees named in a grant have the authority to take legal action or defend themselves concerning the trust property. They can do this on behalf of the institution specified in the grant and in relation to any matters that affect the institution.
The trustee or trustees named in the grant, and their successors, may, in the name of the institution, as designated in the grant, sue and defend, in relation to the trust property, and in relation to all matters affecting the institution.
trustee responsibilities legal authority trust property institutional representation grant-related legal actions trust management legal defense lawsuits successors institution-related matters
Section § 21106
This law section says that a person who gives a property through a grant can choose to personally handle all the responsibilities and decisions about the property and any institutions built on it during their lifetime. This includes duties that would normally be the trustee's job.
The grantor, by a provision in the grant, may elect, in relation to the property conveyed, and in relation to the erection, maintenance, and management of the institution, to perform, during his life, all the duties and exercise all the powers which, by the terms of the grant, are enjoined upon and vested in the trustee or trustees.
grantor responsibilities property conveyance institution management trustee duties property grant lifetime powers trustee powers property maintenance institution erection elect duties grant provisions management rights
Section § 21107
If someone gives a gift or grant of property and they are married, they can specify that after they die, their spouse can take care of the property as if they were the trustee. This means the spouse can make decisions about the property and manage it according to the rules set out in the grant.
A grantor who is a married person may further provide that his or her surviving spouse during his or her life, may, in relation to the property conveyed, and in relation to the election, maintenance, and management of the institution, perform all the duties and exercise all the powers which, by the terms of the grant, are enjoined upon and vested in the trustee and trustees.
married grantor surviving spouse property management trustee powers trustee duties institution management property conveyance spousal rights lifetime authority estate planning
Section § 21108
This section explains that if you're dealing with certain cases mentioned earlier in the law, any powers and duties that are usually handled by a trustee (someone managing property or assets for someone else) can instead be handled by the person who created the trust, called the grantor, or their spouse while they're alive. Once both the grantor and their spouse pass away, those powers and duties will then be managed by the trustees named in the trust document and any successors they have.
In the cases referred to in Sections 21106 and 21107, the powers and duties conferred and imposed upon the trustee or trustees shall be exercised and performed by the grantor, or by his or her spouse, during his or her life, as the case may be. Upon the death of the grantor, or the surviving spouse, as the case may be, the powers and duties shall devolve upon and shall be exercised by the trustees named in the grant, and their successors.
trustee duties grantor powers spouse role trustee succession trust management devolve powers successors trustee powers trust document trust responsibilities surviving spouse grantor death trustee appointment property management asset management
Section § 21109
This law section states that the person giving a grant (the grantor) can keep the right to change the terms and rules of the grant or any related trusts. This applies to any of the topics covered in sections 21101 to 21104.
The grantor may reserve the right to alter, amend, or modify the terms and conditions of the grant, and the trusts created, in respect to any of the matters mentioned or referred to in Sections 21101 to 21104, inclusive.
grantor rights alter grant terms modify conditions trusts amendment grant modification sections 21101 to 21104 grant conditions legal modification power
Section § 21110
This law allows someone who gives away property (the grantor) to keep complete control over their personal property and any income or benefits from real estate during their lifetime. They don't have to explain how they use it or cover any losses if something happens to it.
The grantor may also reserve, during his or her life, the right of absolute dominion over the personal property conveyed, and also over the rents, issues, and profits of the real property conveyed, without liability to account therefor in any manner whatever, and without any liability over against his or her estate.
grantor rights absolute dominion personal property control rents and profits real property conveyance lifetime control no accounting liability estate liability property conveyance property management rights estate planning
Section § 21111
A married person who gives away property (the grantor) can allow their spouse to completely control and enjoy the personal property and any income it generates during the spouse's lifetime. The spouse doesn't have to explain how they use this property or income, and neither the grantor's estate nor the spouse's estate can be held accountable for it.
A grantor who is a married person may further provide that his or her spouse, during his or her life, may have the same absolute dominion, over the personal property, and the rents, issues, and profits, without liability to account therefor in any manner whatever, and without liability over against the estate of either the grantor or his or her spouse.
absolute dominion personal property spouse control rents issues profits grantor married person life estate no accountability estate liability income use property rights grantor's property spousal rights
Section § 21112
If a founder of an educational or cultural institution wants to give up their rights and responsibilities over it, they can do so by signing a document. Once they relinquish these rights, everything they would have controlled passes directly to the institution's trustees. Importantly, the founder can still become or remain a trustee or serve as an officer on the board after giving up these rights.
The founder or founders, surviving founder, or spouse or surviving spouse of any founder, of a university, college, school, seminary of learning, mechanical institute, museum, gallery of art, library or any other institution, or any or all thereof, founded pursuant to this article, may, by an instrument in writing, resign, relinquish, and surrender all the rights, powers, privileges and duties reserved to or vesting in him or her, over, in, or concerning any of the property granted or given to the institution, or over or concerning the institution founded. Thereupon all estates, rights, powers, privileges, trusts, and duties which would otherwise vest in or devolve upon the trustee or trustees of the trusts and estates created upon the death of the person resigning, relinquishing, and surrendering, by the terms of the grant and amendments thereof, and by the terms of any grants, gifts, bequests, and devices supplementary thereto, or of any confirmatory grants, shall immediately vest in and devolve upon the trustee or trustees. Nothing herein contained shall prevent the person resigning, relinquishing and surrendering the rights, powers, privileges, or duties from thereafter becoming and serving as one of the trustees, or from becoming and serving as an officer of any board of trustees.
founder resignation relinquish rights institution trustees property control rights surrender trustee powers trustee duties founder's spouse cultural institution educational institution board of trustees trust estates founding rights
Section § 21113
This law allows the person who gives a grant (the grantor) to let trustees take care of minors in place of a parent or guardian if this is stated in the grant. The trustees can then manage the care of these minors as outlined in specific sections of the Labor Code.
The grantor may provide in the grant that the trustees and their successors, may, in the name of the institution, become the custodian of the person of minors. When any such provision is made in a grant, the trustees and their successors may take the custody and control in the manner and for the time and in accordance with the provisions of Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code.
grantor trustees custodian of minors custody and control trustees' successors care of minors provisions of Chapter 4 Labor Code Section 3070 taking custody minor custodianship grant provisions institutional custodian
Section § 21114
This law states that when a grant is made, it must be completed, officially recognized, and documented following the same legal steps required for doing the same with real estate property grants.
The grant shall be executed, acknowledged, and recorded in the same manner as is provided by law for the execution, acknowledgment, and recording of grants of real property.
grant execution acknowledgment process real property property grants recording requirements legal steps documentation process official recognition property law procedures execution of grants property recording legal documentation property acknowledgment real estate recording grant documentation
Section § 21115
This law states that if someone wants to challenge or change the ownership of property that has been officially transferred, they must start their legal action within two years of the property deed being recorded. Similarly, if someone wants to defend against such a challenge, they must also do so within the same two-year period. This timeframe applies to any questions about the deed's legality or disputes over the property’s ownership and earnings.
No suit, action, or proceeding shall be commenced or maintained by any person to set aside, annul, or affect the conveyance, or to affect the title to the property conveyed, or the right to the possession, or to the rents, issues, and profits thereof, unless the action is commenced within two years after the date of filing the grant for record. No defense shall be made to any suit, action, or proceeding commenced by the trustee or trustees named in the grant, or their successors, privies, or persons holding under them, which involves the legality of the grant, or affects the title to the property conveyed, or the right to the possession, or the rents, issues, and profits thereof, unless the defense is made in a suit, action, or proceeding commenced within two years after the grant has been filed for record.
property conveyance deed challenge recorded grant legal action timeframe property title defense right to possession rents and profits two-year limitation trustee legal action grant legality
Section § 21116
This law states that property given through a grant cannot be forcefully sold or seized to settle debts or court judgments against the person who gave it away, unless such actions began within two years of the property's transfer. If a legal action starts within this time, then forced sale is not allowed if there are other assets that can cover any debt. Also, this rule does not interfere with claims from mechanics or laborers who have rights to liens for unpaid work or materials supplied.
The property conveyed by the grant shall not, after a lapse of two years from the date of the filing for record of the grant, be subject to forced sale, under execution, or judicial proceedings of any kind, against the grantor or his privies, unless the action under which the execution is issued, or the proceedings under which the sale is ordered, has been commenced within two years after the grant has been filed for record. No property shall be subject to execution or forced sale under any judgment obtained in any proceedings instituted within two years, if there is other property of the grantor, subject to execution or forced sale sufficient to satisfy the judgment. Nothing in this section contained shall be construed to affect mechanics’ or laborers’ liens.
property grant forced sale execution two-year limitation debts judgment mechanics' liens laborers' liens grantor protection judicial proceedings asset seizure recording date satisfy judgment
Section § 21117
This law lets someone who has given property to a trust ensure that, if the trust fails for any reason, the property can be left to the state in their will. This is done so the person's original wishes for the property's use can still be honored by the state as much as possible.
Any person making the grant may, at any time thereafter, by last will or testament, devise and bequeath to the state all or any of the property, real and personal, mentioned in the grant, or in any supplemental grant, and the devise or bequest shall only take effect if, from any cause whatever, the grant is annulled or set aside, or the trusts therein declared for any reason fail. Such devise and bequest is permitted to be made by way of assurance that the wishes of the grantor shall be carried out, and in the faith that the state, if it succeeds to the property, or any part thereof, will, to the extent and value of the property, carry out, in respect to the objects and purposes of the grant, all the wishes and intentions of the grantor.
grantor property transfer trust failure devise and bequest last will testament real and personal property annulled grant grantor's wishes property assurance
Section § 21118
This law states that if someone who has donated or given something to schools or similar institutions expresses wishes about religious instruction or beliefs, the state won't enforce or allow the enforcement of those wishes. The state remains neutral regarding such religious directions.
No wish, direction, act, or condition expressed, made, or given by any grantor, under this article, as to religious instruction to be given in any school, college, seminary, mechanical institute, museum, or gallery of art, or in respect to the exercise of religious belief, on the part of any pupil of the school or institution of learning, shall be binding upon the state. The state shall not enforce, or permit to be enforced or carried out, any such wish, direction, act, or condition.
religious instruction grantor wishes religious beliefs schools colleges seminaries mechanical institutes museums galleries of art state neutrality pupil beliefs non-enforcement educational institutions religious conditions donor conditions
Section § 21119
This law section emphasizes that the rules in this part should be interpreted in a way that best achieves their goals and fulfills their intended purpose.
The provisions of this article shall be liberally construed with a view to effect its objects and promote its purposes.
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