Charities and the new heads

Question 0

Re Wedgewood

Trusts for the advancement of animal welfare

Answer 0

Animal welfare charities more accepted on basis that public benefit by enhancing public morality and makes us better people.

Question 1

Re Resch’s WT

Trusts for the advancement of health or saving of lives

Answer 1

Bequest to private hospital was upheld as charitable because does not exclude the poor. PB satisfied as there was a need for these facilities and medical treatment within the community. Indirect benefits include freeing the hospital beds in public sector
*even when expected to pay can still be considered charitable

Question 2

Re Grove Grady

Trusts for the advancement of animal welfare

Answer 2

Authority that supports the idea that the public must have access to charities for animal welfare

Question 3

Unincorporated association 
(Conservative and unionist central office v Burrell)

Answer 3

Definition- group of individuals joined together to promote a common purpose;

• lacks legal personality
• members joined together by rules of association (contractual bond)

Question 4

Re Vernon’s WT

Answer 4

Held that a gift to an unincorporated charitable association is treated as being made upon trust for its purpose

Question 5

Neville Estates v Madden

Answer 5

Cross J - various constructions of gifts / trusts in favour of unincorporated association
1) gifts to members of association as joint tenants - any member can sever share and claim it whether or not he continues to be a member of the association

2) gift to existing members not as joint tenant, subject to contractual rights and liabilities towards one another as member of association - member cannot sever share
3) terms or circumstances of the gift or the rules of the association may show that the property in question is not at the disposal of members of the time being but held in trust for or applied for the purposes of the association as a quasi corporate entity

Question 6

If question on exam states: “unincorporated association about to be wound up/cease to exist “ you answer with….

Answer 6

Gift would lapse (same way as a gift to an individual will lapse if legatee predeceases testator) BUT
Unincorporated charitable association held that gift to such an institution is treated as being made upon trust for its purpose (Re Vernon’s WT)

• if purposes can still be carried out gift will apply to them