Charitable Trust Cases

Question 1

AITC Application for Charity Registration

Answer 1

Relief of poverty - encompasses those of temporary financial hardship.

Facts: trust set up for those whose companies suffered a financial collapse.

NB: fair trade foundation is considered by the CC as charitable for the relief of poverty. Because it relieves poverty in areas around the world

Question 2

Re Sanders will

C.f. Re Niyazi

Answer 2

Defining ‘relief of poverty’ case

Re Sanders: dwellings for working class held not to be charitable for the relief of poverty. Working class does not equate to poverty.

Re Niyazi: hostel set up in Cyprus held to be charitable for the relief of poverty. Hostel suggested availability of housing for moderate to low means.

How can they be reconciled?
- Re Niyazi factual circumstance: area where the hostel was built was an area with shortage for housing.

Question 3

Dingle v Turner

Answer 3

Public benefit test for poverty cases

Test of Lord Cross: question of degree of certainty. Whether a trust for the relief of poverty will satisfy the public benefit depends on the size of the class and the purposes for the trust.

CC Guidance 2013: for poverty cases, just the “benefit” and not the “public” matters

Question 4

Re Segelmam

Answer 4

Proves how easily the poverty public benefit test is to satisfy.

Facts: trust set up by the testator to benefit his poor relations. However, court did issue warning that a trust for poor siblings would not be charitable.

Question 5

Re Coulhurst

Answer 5

Prevention for the relief of poverty - meaning

Not just complete destitution.
Facts: trust set up for the widows and orphans of a bank held to be charitable

Question 6

Re Duppree

Answer 6

Charitable trust for sport is not confined to physical sport; mental skill and exertion counts

Here chess fell under the charitable head of advancement of sport