There's room to question whether existing laws create the right incentives. If they staff the foundation with a bunch of family members and give them well paid

There's room to question whether existing laws create the right incentives. If they staff the foundation with a bunch of family members and give them well paid jobs with nebulous responsibilities, forgiving the taxes on the money used to establish the foundation can be of less benefit that the taxes would have been. If the foundation efficiently puts a lot of resources into things that benefit society, then that probably makes more sense.