charities Flashcards
general rule
trusts for purposes are not allowed, apart from a few exceptions
advantages of charities
enforcement, no certainty of object, cy prés, can be perpetual, financial advantages, reputation, assistance from Charity Commission, Charitable Incorporated Organisation, appeal
enforcement as an advantage
Attorney General and/or Charity Commission
no certainty of objects as an advantage
flexibility - court wants to ensure that the trust will succeed so will allow poorly drafted clauses
cy prés as an advantage
as close as possible - court will find a similar charity if the charity involved in the trust comes to an end
perpetuity as an advantage
private trusts cannot last forever but charitable trusts can
financial advantages
taxation
pemsel categories
relief of poverty, advancement of education, advancement of religion and other purposes beneficial to the community within the spirit and intendment of the preamble