Charitable Purposes the Doctrine of Cy-pres Flashcards
Check when ceased to exist
Initial and subsequent failure
Re Rymer [1895] 1 Ch 19
Initial failure, some examples:
Specificity of the institution prevented any general charitable purpose; gift failed and went back to settlor’s estate
Re Good’s Will Trusts [1950] 2 All ER 653
Initial failure, some examples:
Testator left money to fund purchase of land and building of homes; insufficient funds to carry out purpose at time; asked court if could be used for similar purpose; purpose outlined in the will was too specific so the gift failed and resulted back to settlor’s estate
Biscoe v Jackson (1873) 35 D 460
Initial failure, some examples:
Direction that £4,000 to be applied to soup kitchen and hospital; land could not be purchase, any general charitable intention shown to apply to similar charitable purpose – general intention to benefit the poor so the doctrine of cy-pres engaged
Re Harwood [1936] Ch 285
Initial failure, some examples:
Money left to 2 organizations, when will made one society had existed (but closed before death) but another had never existed, while the specific institution had never existed there was a general intention to benefit the people of Belfast with promotion of peace… gift failed to other as too specific and ceased to exist prior to death – different approach to an organization defunct and one that had never existed
Re Spence [1979] Ch 483
Initial failure, some examples:
At time of will home existed, but by the time she died the home no longer existed (ceased to exist during lifetime), court considered benefit for people of home – “the absence of the specific leaves the general undisturbed” – specifity meant not general so had disturbed – so if made to specific institution then likely it will fail – funds went back to the settlor’s estate
Re Faraker [1912] 2 Ch 488
Initial failure, some examples:
Not case of cy-pres but whether charitable purpose lives on or not
Left money to charity to help the widows of Rotheri, however a number of charities in this area had been joined together, no monition of widows in the purposes of the consolidated charity where as there had been in the will – court took lenient approach as purpose lived on in the form of amalgamated charity – although organization not expressly for the benefit of widows, purpose still continued
Re Slatter’s Will Trusts [1964] Ch 512
Initial failure, some examples:
Charity funds cease to exist?
Charitable purpose cannot be saved; money left for hospital in Oz which treated TB (daughter had attended), before death of testatrix the hospital ceased operation – this was a case of initial failure but where willing to overlook purpose that the testatrix was trying to achieve – she had wanted to benefit the hospital itself; must carefully draft wills to ensure that where property left to institutions that you ensure it can be performed
Re Finger’s Will Trusts [1972] Ch 286
Initial failure, some examples:
Incorporated vs unincorporated charitable institutions
Decision: Gift to UI Charity, both ceased to exist before testatrix’s death
Rule: Gift to the UIA was charitable and failed as where the purpose can be fulfilled, there is no initial failure, unless the existence of the institution is essential to the gift
Re Sattherwaite’s Will Trusts [1966] 1 WLR 277
Initial failure, some examples:
Charity by association
Left estate to seven animal charities and one anti-vivisection society and the London animal hospital (which didn’t exist at death) – by association they could infer a general desire to give in a way which promotes kindness to animals – money applies cy-pre
Re Jenkins’s Will Trusts [1966] Ch 249
Initial failure, some examples:
Similar facts to Re Sattherwaite’s; anti-vivisection not charitable as political so no general charitable intention
Rule: Where something is non-charitable you cannot make it charitable by association
Subsequent failure
General rule: once charitable, always charitable (a trust that has settled property that has taken affect, always charitable, then will apply to similar institution if ceases to exist)
Re Slevin [1891] 2 Ch 236
Subsequent failure, some examples:
Testator bequeathed to orphanage, ceased to exist before gift vested, applied legacy cy-pres lapse in time did not effect
o Re Wright [1954] Ch 347
Subsequent failure, some examples:
Life interest to be held on trust to convalesant home, when died trust could be held, life tenant died and when they died the original purpose could not longer be carried out – taken at date of testatrix death and not the life tenant’s death, we know who the beneficiaries are – since the purpose had been practicable at the testatrix’s death it could be applied as subsequent failure
Re Tacon [1958] Ch 447
Subsequent failure, some examples:
In some circumstances you may have to consider future dates, but normally settlor’s death
