Charitable Purpose Trusts

Question 1

Why are they a good thing

Answer 1

Dispel beneficiary principle
Tax advantages
No time limit 
Cy-Pres 
Intention is enough for property

Question 2

Who deals with their running

Answer 2

Charity Commission/Tribunals

Question 3

1601 Act

Answer 3

Basic, developed from this and changed as charities change over time as well

Question 4

Pemsel

Answer 4

Lord Mcnaughton
Poverty, Education, Religion and Other

Four heads of charity

Question 5

Scottish Burial v Glasgow Corporation

Answer 5

Lord Wilberforce - Handy for heads, but really just needs to be public benefit requirement and fit within preamble

Question 6

Benefit part

Answer 6

Re Shaw - Bigger alphabet? No
Balanced against harm - Anti vivisection v IRC - Can test on animals
Re Fouxeavu - Can’t test
Indirect benefits - Re Resch’s Will Trusts

Question 7

Public

Answer 7

Has to be for section of public, but not political.

Bowman v Secular society - Court cannot judge whether a certain change in law would be beneficial

Question 8

Poverty

Answer 8

CP - Re Clarke - Destitute, what’s not normal
Re Sanders Will trust - Didn’t have requirement to be poor

PB - Dingle v Turner - Employees
Re Sengelman - Relatives

Question 9

Education

Answer 9

Re Shaw’s Will Trust - Masterpieces
CP - Re Pinion - Junk doesnt count as educational
PP - Re Hopkinson
PB - Independent Schools v Charity Commission

Question 10

Religion

Answer 10

Thorton v Howe - Set out test 
1) Belief in supreme beings
2) Seriousness
3) Worship
4) Moral 
PB - Re Hetherington

Question 11

Health/Saving Lives

Answer 11

Re Resch Will Trust

Recuse Services

Question 12

Cy-Pres

Answer 12

It can be used for a similar purpose despite failure

Whit v Williams - Church split

Question 13

Initial Failure

Answer 13

It was impossible, need to see if there is a general charitable intention, if there is change it, but if not money goes to settlor
Re Slatter’s Will Trusts - TB

Question 14

General Charitable Intent

Answer 14

Re Rymer - Priests education no longer there couldn’t do it

Re Harwood - Peace, one they wanted to give it to never existed

Question 15

Charity by association

Answer 15

When other trusts have had similar purposes.

Re Jenkins Wills Trust - Anti-vivisection cannot become charitable

Question 16

Subsequent Failure

Answer 16

Property given to charity which then cannot operate fins another similar charity
Re King - Stain glass window

Question 17

Severing purposes

Answer 17

Whether purpose is impossible, either partly or entirely they can sever the purpose which makes it so.
Re Robinson - Surgeons, Jews

Question 18

Non-Charitable Purpose Trusts

Answer 18

Only valid when they direct or indirect benefit to individuals
Re Denley’s Trust Deed - Sports ground held on trust for company employees
Gillingham Bus Disaster Fund - Money collected for bus crash victims

Testamentary Trust of Imperfect Obligation - No obligation on trustee to perform trust.
Welfare of animals - Re Dean
Erection/Maintenance of graves and monuments - Pilbright v Salwey - Valid purpose trust for 21 years
Private masses - can be for 21 years
Re Endacott - Monument to himself not valid