charities - the act and poverty Flashcards
What is a charitable trust also known as?
public trusts
what does section 3 of the charities act state?
That a trust will be deemed charitable if it falls under one of the charitable purposes in this section.
what act says the old legal definition of a charity,
1601- preamble- charitable uses act
what are the four categories that charities fall into.
- relief of poverty
- advancement of education
- advancement of religion
- other purposes beneficial to the community
what section of the Charities Act 2011 says a public benefit is required
section 2(1)
what reasons can’t a trust be set up for
political purposes
for the distribution of profit - except if it arises naturally
what case reduced the long preamble in the charitable uses act- to four categories
IRC v Pemsel
What is the older definition of poverty and from what case
it is to go short- Re coulthust
what is the modern approach of poverty
go short of something essential
what was held in dingle v turner
if the testator intends to help people in poverty- it is charitable
what was held in Re Saunders
held that a trust to provide dwelling places “for working classes and their families” was not for the relief of poverty as working classes do not necessarily constitute to a section of the poor.
what was held in Re Niyazi’s WT
the relatively small size of the gift (the Cyprus hostel), the chronic housing shortage, and the term ‘hostel’ all show that it would be used by the poor.- so charitable
what happened in Re Gwyon
knickers and shorts for boys in Farnham weren’t seen as charitable as it didn’t stat they were just for poor boys.
