charitable and honorary trusts

Question 1

charitable trust differs from private trust because a CT has

Answer 1

1. indefinite beneficiaries
2. can be perpetual
3. cy pres doctrine applies

Question 2

charitable trust must have a purpose that

Answer 2

a purpose that benefit the public

relief of poverty, promotion of health ec

Question 3

terms of a CT

Answer 3

can be general

no special language required as long as intent is clear

Question 4

cy pres

Answer 4

when a charitable purpose of a S cannot be met (ie its illegal, impossible, wasteful) then, court can select alternative under cy pres doc aka they select a meaning that is as close as possible to what the S intended

applies to charitable gifts and charitable trusts

Question 5

traditionally under cy pres court had to determine that S intended for a charitable gift/trust

but under the UTC?

Answer 5

Settlor’s general charitable intent is conclusively presumed

Question 6

are charitable trusts bound by RAP

Answer 6

nope! which is why they can be perpetual

Question 7

when does RAP apply

Answer 7

shifting interest from private trust to charitable trust

Question 8

honorary trst

Answer 8

not for charitable purposes and has no private beneficiaries (ie care of an animal, maintenance of a burial place)

RAP is applicable

Question 9

trust for care of animal

Answer 9

trust for care of animal valid

ends when animal dies