Equity and Trusts- Cy pres

Question 1

what are w-e looking at?

Answer 1

This week look at adujuct 2 that law – chartib purpo- doctrine of cy pres.

Question 2

where does cy pres come from?

Answer 2

Cy pres is a word comes form the French. And cy pres mean ?Means- as near as possible ]very useful doctrine which can help keep alive cpt’s where for some reason the cp which udneprines cpt has become impossible or impratcible for some reason to be carrired out, perhaps in change of cirumstances or environment or locality or partic organ .. Or cpt remebr not subject any shelf life or purporuuity rule-go o forver so some are 100yrs old.

Question 3

so cp found what?

Answer 3

So have cp found very old fashion terms like money elft for my trustees to apply for the support … 1682 or to hosue – lang may be old fashioned-

Question 4

so rather just let cpt?

Answer 4

so rather just let cpt fail the cy pres doctrine allows us to modernize update and bend the cp so as to eal with modern environment or update to make it work in modern context. Or in sit where prupose has become impractical or impossible to carry out bc of change in cirumstances.

Question 5

what is this?

Answer 5

So tis quite an elastic doctrine cp – once estab valid cpt

Question 6

not only can a trust what?

Answer 6

Not only can trust last forver but if purpose becomes outdated imposs or impratcial of performance bc change of cirmstances the cy pres doctrine allows trustees to draw up a schmee to make a new more modern proposed use of the money.

Question 7

rather than make a trust fail?

Answer 7

Rather than make trust fail and money go on resulting trust. But scheme has to be approved by charity comm and If wont approve it, by charity tribunal or ultimately high ct.

Question 8

cy pres exists?

Answer 8

But this cy pres exisits- cp once set up we can vary purpose to modernize them to make them capable of modern day pratical fulfillmet, where events time or cirucmtsances have perhaps over taken this and rendered the cp for some reason.

Question 9

as orginally described?

Answer 9

As orginally described not quigte capable of performance and that could be for variety of reasons. But cy pres idea is trustees can bend cp or mdoernise it so money can still be applied for modern dayas near as poss. Equiv cp as orginally prescribed, so its very useful tjing to have.

Question 10

so cpt stays alive and money didicATED?

Answer 10

So cpt stays alive and money dedicated to cp can be kept going and beign applied for modern day equiv cp. But need approval to bend and rshape purpose slightly according to modern day cirucms . Need approval from charity comm and trustees can draw up cy pres scheme.

Question 11

this is another adavntage of having?

Answer 11

This si another advantage of having estavkusged a valid charitable trust- remebr 3 hurdles gotta show purpose falls within 1 of the 13 heads of chrit in s.3 charites atc 20011, 2nd must be suff pub ben in sense of suelfness and cross section of public ben- and 3rd exclusively charit- once 3 hurdles= cpt it can go on forever that’s why some very old no shelf life or purpotiy rule.

Question 12

and if purpose becomes outloaded or imprac?

Answer 12

And if purpose becomes outloade or impratcble or out of date. The cy pres jurisc allows trustes, to bend and rshape and re define that prupsoe slightly with approval from charity commission so money can be applied for a modern day equiv charitable prupsoe.That best reopresnet swhat orginal testror intended 300 yrs ago / 20 yrs ago.

Question 13

-so cy pres juris very useful when?

Answer 13

So cy pres jursid very useful means whne money deicated to charity- 3 hurdles, into world of charity and no going back, u can keep cy pres and bending purposes.

Question 14

trust can what?

Answer 14

Trust can go on forvr and u can keep bedning to get u through. Once ur in that’s it. Keep cy pres.with approval of charity comm to keep that money ebign appled for chairtble purposes.

Question 15

and as well see what?

Answer 15

And as well see the crucuial time to decide whether we have valid cpt certainly in context of wills is the time of death. Often people want to give money to trustees and aks them to apply for a chairble purpose set up cpt in will.

Question 16

e.g ?

Answer 16

E.g die might aswell leave spend something worth while and if established cpt in way described have cpt fit 13 head public ben and 3rd exlcusive charible,

Question 17

frinal q is at time of when?

Answer 17

the final q is at time of death , gotta see 3 hurdles crossed and if are valid ct. but that will for any take effect need to ET LETETRS OF PRIBATE NEED TO BE GRANTED BY CONTRY CT HGIHT CT- gives legal lif to will – elgal recogn and probate is always retoractive its backdated to tie testaior or testatrix death.

Question 18

so q have to consider?

Answer 18

So q always have to consider with cpt set up in wills is as at time of tetsrs death assuming orbates been granted need prbate for legal life. Legal reocg.. Could be yr or 2 before q have to consider- where a reportrd charitbule trust or chartable gift is made as at time of tetsor or trix death.

Question 19

could that cpt be fulf?

Answer 19

Could that chaerible prupsoe be fulfilled. And as well see if lets say we leave money to a charfitble orgnaisation so ligistor or school or for some cp but at time of death that isnittuion chartable isn’t

Question 20

if at time of ur death prob?

Answer 20

religious order of nuns. If at time of ur detah rpbate is backdated. 2 months befprre that religious orders of nuns shut down or last nun died other cease to exist then u ahv at time of detah gift ti rder not deidictated to charity have what we call an INTIAL FAILURE. An dmonye would go on resulting trust back to estate unless, u can CY PRES IT AND Q HAVE TO BE CONSIDERED = CAN TO CYPRES TO BEND PRUPOSE

Question 21

purpose simply incap?

Answer 21

– purpso simply incapable of beign fulfilled school or – can u cy prs. When nahve intis filure. U can cy prs it id it can be shown form will that ettsor ro trix had CPI- GENRNERALL CHARITBE INTENTIOn-

Question 22

if we can show evidence of cpi?

Answer 22

if we can show evidence of cpi then we can drop cy pres schem and ask the chairt commission to allow money to be applied to anotjer relifg order down road with similar set up.If cant show cpi then intila failure will mran end of chairtble gift and money goes on resulting trust. If at time of death of testor or trix the relgiours orderwas in eixtsence and hsutodwn 2 weeks late.r then we don’t have intila failure we have subsequent failure; the key date is time of detah od testor or trix.

Question 23

if order existed at time of death but?

Answer 23

If order eixtsed at time fo detah but shutdown 2 or 3 weks later we have subseuqnt failure and its much easier to cy pres it bc at time of detah gift was validly dedicated ot charity to a prupsoe trut or charitable insitiuon fos oem descriptn.a dnwe can just draw up scheme and give it to an equiv order without ned tog et ovr tht is order of showjng a cpi

Question 24

bc time of death already?

Answer 24

. Bc time of detah already cross in world of charity. But at time of death if religious roder shut down 2 weeks before u got to wardrobe etc but not into anrni only way get thru is gecpi tog et into world of anrnina.

Question 25

whats q of evidence?

Answer 25

That’s q of evidence /CHAIRTY CAN JUST CY PRES ONCE UR IN NARNIA UR IN SO HOW HARD IT IS WHERE WE HAVE A CHIRBLE FAILURE to carry ina deidctae gift of charity through cypress scheme depending onits intial faiure have to get oer hurlde CPI. Without it u cant get in. if already there just cy pres all the time.

Question 26

BOOK- so what is cy pres?

Answer 26

doctrine which deals with sit where a charibtle gift canot be applied to those purposes inteded by the settlor. it works by allowing the pruposes fo the gift to be varied, so that the prop can be applied to a related charible prupose.

in this sense cy pres saves the gift from failing and retuning on resulting trust to the testators estate or being given to the crown.

Question 27

BOOK- what does s.62 do?

Answer 27

s.62 charites act 2011 lists all the circum in which cy pres can be used. these include sit where it is impossible, impractible, illigel or ineffcient to carry out purpose of trust?

Question 28

revision tip?

Answer 28

most likley to enocunter cy pres where it becoemes imposs yo carry out pruposes of the trust. this is usally quite easy to spot, look out for facts mentioning CLOSURE OF CHARITIES OR ITS FACILITES. but remebr cy pres can only be used in repsect of charitble trusts. it cannot be used to save A GIFT that is nto charitble in the first place.

Question 29

Cy- Pres Doctrine

Answer 29

Where a charitable trust is validly declared, circumstances may render it impossible or impracticable or inappropriate to carry out the donor’s charitable purpose.

Question 30

in such an event it is often what?

Answer 30

In such an event it is often possible to give effect to the donor’s general charitable intention by applying the cy-pres doctrine (‘as near as possible’).

Question 31

what does the doctrin enable?

Answer 31

The doctrine enables the trust property to be used for some other purpose which resembles the donor’s original purpose.
Doctrine Pre-Charities Act 1960

trust pro= often miney- all about testor put in will and what the INTETNION IS
Doctrine

Question 32

what was said in re king?

Answer 32

Re King [1923]
Where there was a surplus after a specified charitable purpose had been fulfilled. T left £1,500 to install a stained glass window in a church. The window cost £800. Held the balance was applied to a second window.

Okay so that be example of cy pres schem approved.

Question 33

what was said in biscoe v jackson?

Answer 33

Biscoe v Jackson [1887]
Legacy of £4,000 to provide a soup kitchen and cottage in Shoreditch. Proved impossible, lack of suitable land in area.
Held: Fund could be applied cy pres to other purposes.
See also: Re Dominion Student Hall’s Trust [1947]

Question 34

Operation of the Charities Act 1960 (CA 1960)

Answer 34

CA 1960 (now superseded by Charities Act 1993, (CA 1963 and 2006) extended the doctrine to a variety of circumstances which do not necessarily entail ‘impracticability’ or ‘impossibility’.

So cy ptres jurisdoctrin constined out and made it more generous

Question 35

so e.gs ?

Answer 35

So get e.gs fron 93 act

S.13 Charities Act 1993 states that the original purpose of a charitable gift can be altered to allow property or part thereof to be applied cy pres in the following circumstances:

Question 36

what are the followign circum?

Answer 36

• where the original purpose has as far as possible been fulfilled;
• as surplus like re king

Question 37

circum 2?

Answer 37

• where the original purpose cannot be carried out at all or carried out as directed or according to the spirit of the gift;

lack of land in area Biscoe v Jackson

Question 38

circum 3?

Answer 38

• where the original purpose utilises only part of the property;
• re king

Question 39

circum 4?

Answer 39

charitble pruposes - Where the property and other property applicable for similar purposes can be more effectively pooled together and suitably applied towards common purposes;

Question 40

circum 5?

Answer 40

• Where the gift was made by reference to a geographical area which has since ceased to be a unit or to a class of persons or area which has since ceased to be suitable or practicable;

Question 41

so got changes?

Answer 41

So got changes on gorund which render gift for charitable purpose in capcle of fulfilment

Question 42

circum 6?

Answer 42

• Where the original purpose has since it was laid down:

Question 43

cicrum 7?

Answer 43

• been adequately provided for by other

means;

Question 44

cirucm 8?

Answer 44

• ceased to be charitable in law

Question 45

circum 9?

Answer 45

• ceased to provide a suitable and effective method of using the property regard being had to the spirit of the gift, Varsani v Jesani (above).

Question 46

what are the 2 types of failure?

Answer 46

initial failure

subsequent

Question 47

Initial Failure and the Requirement of General Charitable Intent

Answer 47

Where charitable purpose fails initially, the gift can only be applied cy pres if donor demonstrated (on wording of gift) that he had a ‘general charitable intent’.

Question 48

biscoe v jack?

Answer 48

Biscoe v Jackson (above)
T left sum of £4,000 to be used to set up soup kitchen to be taken out of general bequest to charity of £10,000.General charitable intent shown.

Question 49

so all need to know?>

Answer 49

So all need to know fro that-reasons from failure cpt are numerous, changebin law change ing eorpahical area, change in people who subject to gift. Suprlus of money left over. Could be whole host of reasons why the roginal cp, cannot in some sense be efftcivly carried through

Question 50

what di we talk about?

Answer 50

We talked just moment ago about itnial failure and require of gernal chrit vent. Key tiem especially dealing with wills – at tiem of testpors death was gift dedicated toa valid charitable purpose- if yes ornaphage exitsed at time or police authe xisted at time but few week s or moth later seiesd to exist – if at time

Question 51

subsequenet failure?

Answer 51

– then have subsequent failure u can simply cy pres- subse failure not problem bc time of death – its where time of detah the gift hasn t been validly deicated to charity cos it become impossible impractical or something happened to render it, gift not so been deidatced.

Question 52

e.g?

Answer 52

E.g orphanage shut down 2 weeks before bloke died, so all money no longer go to orph-can u cy pres in those sit need to show GENERAL CHARITOBLE INTNET-

Question 53

spring baord for what?

Answer 53

that’s spring board get u into world of charity. But need to get the spring board and its q of evidence one ach evry sit. Wheehter on wording of will there is strong enough ernal evidence to show the tetsor had agenral benefit intention to benefit charity gernally. Probme that is the more specific gift, the more speciif insituion the harder it is to say well had genera c I – weren’t genral at all, it was highly specific intent. That roph shut down so at time of gift weren’t valid ediating to charfirty, or rogan or isnition. And this is the chllanege.

Question 54

so where what?

Answer 54

So where chair r.a.w – donor or tetor or trix.
Biscoe v Jackson- r.a.w bc there was thsis genral beuqts that itself showed tor had intention. Gci there.= spring bopad that gets us into work fo charfity.

Question 55

what happened re rymer?

Answer 55

Re Rymer [1895]
Legacy of £5,000 to St Thomas’s Seminary Westminster. At time of T’s death seminary ceased to exist and students transferred to Birmingham Seminary.

Question 56

ca held in rymer?

Answer 56

CA held gift failed. No cy pres ordered because there was no general charitable intent on part of T. He gave the money specifically to the Westminster Seminary.

Question 57

held this bc?

Answer 57

held no bc gift to speciif insituion seized to eixst time of death, gift not dedicated to charity at that crucial time. A general charitable intent could not be shown bc gift was s epcific sum to a specific organisation which had seixed toe xits at time of detah therefore time of death gift nto dedictae to charirty. He was stuck .. So money went on resulting trust, could not be cy pres.

Question 58

what happened in re lysaght?

Answer 58

Re Lysaght [1966]
Gift of money to fund medical scholarships at Royal College of Surgeons. Gift said grants not to be made to Jews and Catholics. RCS declined to accept gift in these terms.

Question 59

held re lysaght ?

Answer 59

Held: There was on wording of gift a general charitable intention to benefit charity. Cy pres scheme ordered and religious bar removed.
q did it go on rulting trut or could it be cy pres

Question 60

what happened in re dominon student?

Answer 60

Re Dominion Students Halls Trusts [1947] Ch.183

A condition of the trust for the maintenance of a hostel for male students of the ‘overseas dominions of the British Empire’ restricted the benefits to dominion students of European origin, which made it impossible to fulfil the purpose at all. The offending condition was excised under cy pres because it defeated the charity’s principal object of promoting community of citizenship among all members of the British Commonwealth.

Question 61

what happened in re white trust?

Answer 61

Re White’s Trust [1866]
A gift to establish an almshouse for poor tinplate workers failed because no suitable site available. Cy pres refused on ground that donor did not display a general charitable intent.
Resulting trust arose in favour of donor’s estate.

Question 62

what bout gift in re white?

Answer 62

gift was specific – purpose do specific and did not show benefit chairrty- did fail resulting back to donors of estate= rediusry legattes

Question 63

Charities which have ceased to exist?

Answer 63

A gift to a chrible insitiion which has seized to exist has proved ober uears to be an existing challenge to the law propery money partic given to a defunt charirty can amoun to a case of intila failure. Cy pres schem can be orderin if donor r..aw 1st’

Property given to a defunct charity can be a case of initial failure and cy pres scheme will be ordered if donor had a general charitable intent.

Question 64

so what 2 we have?

Answer 64

So we have 2 excemtions ot this rule gci require where givne money to charitable org

In two contexts a gift to a defunct charity will not give rise to initial failure and will be valid automatically without having to prove a general charitable intent:

Question 65

1st except?

Answer 65

(i) Where the relevant charity though no longer exists is deemed to exist nonetheless in a different form at date of the gift (e.g through amalgamation with other similar charities) Re Faraker [1912];

1st r.a.w FOR E.G WHERE 1 CHARIT R.A.W gift would be saved and money would be e.g then need money orgaphnge walleva if merge with anoth1 given new nme, that would eb okay. Gift would be saved and money would be applied for that charitable purpose. Wouldn’t have to show cpi bc purpose carried on merged in this amalgated form

Question 66

2nd except?

Answer 66

(ii) Where the gift is construed not as a gift to the defunct charity as such but as a gift for its purposes and such purposes are capable of being fulfilled by other means, (especially where charity is an unincorporated association Re Finger’s WT [1972]).

Question 67

2nd except in other words?

Answer 67

2. r.a.w purposes – r.a.w s can constue if we have gift of money paid to mc asso hull time tor death shutdown 2 week before we have case of intial failure- r.st trust or not –can we show that not gift to duty asoc but gift for its purpose rather than the specific assoc and if we can show that as q of cosnutcuon don’t have to show genral c I and can efetcively cy pres gift to another similar … this happens in lgoca what talking about
   So that’s question of can look at tis gift of purposes, this applies I context of gifts to unicorp assoc which are charitable.

Question 68

where gift incor charity?

Answer 68

Where gift is to an incorporated charity which has ceased to exist at T’s death (time of gift) gift will not be construed as a gift for its purposes and fail unless court can discern a general charitable intention, Re Finger’s WT (above).

Question 69

incorp char in other words?

Answer 69

Where gift is to an icnorp charity lets say to uni of Buckingham and indepdnanet private uni tis a limited company. Registerd companies house and solely there for education so also a reg charirty.

So charitable incorp has its onw legal perosnalityy.

Question 70

e.g of this?

Answer 70

Say at time of somebody leaving money 100,00 tot hat uni given money to chairtible org, if that companies wound up 2 weeks before the chap died, whats the effect here.

Question 71

but where gift e.g in other words?

Answer 71

But where gift t icnorp charity like that which sieze to exist tor and tric death, the gift will not be consutrued as gift for its purpsoes and it will fail unless the ct caninstill nonetheless discern a gernal charitable intention. Which think would be quite diff there. Speciifc gift specifc ocnsotion. Bit like re ryma . Without incorp assoc cos have no legal eprosnlity can sort of get round it easier by saying what is the purpose. Re ginfers case above

Question 72

Gifts to Charities which never existed

Answer 72

Re Harwood [1936]
A gift to a charity which never existed at all will result in initial failure.
Cy pores scheme used can be used for money for similar chairtble purpose if can show general c i- look at re harwood

Question 73

cy pres will be ordered when?

Answer 73

Cy pres will be ordered only if donor displays in his gift a general charitable intent.

Question 74

Combined gifts to charitable and Non-charitable bodies

Answer 74

A donor may direct certain property to b divided among several named bodies. Where they are all charities the gift to the non-charitable body invariably fails.

Question 75

where gifts are predom?

Answer 75

Where gifts are predominantly to charities this may be indicative of a general charitable intention, Re Satterthwiate’s WT [1966] and order cy pres for the failing aspect. Contrast Re Jenkins WT [1966]

Question 76

predom in other words?

Answer 76

What about combined r.a.w
A donor r.a.w
Where gift r..aw – re sather interesting case and as result court can order cy pres. Contrast that with re jenkins

Question 77

Re Satterthwaite’s Will Trusts [1966] 1 WLR 277

Answer 77

A testatrix who hated all human beings left her residuary estate to be divided among nine specifically named animal charities, including the ‘Animal Welfare Service’. No such charity existed. Russell LJ held that a general charitable intention could be discerned from the fact that the other eight-ninths of her estate was left to animal charities.

Question 78

re satt in other words?

Answer 78

Re sat r.a.w lj said intial failure never existed
Could cy pres to similar or –
Lj held that general charitable intention could be discerned froma will generally bc fact of other 8 nights of her esttae had been left by awill to animal chartis, this shows onmaps that she ahd a genral c intention.

Question 79

Subsequent Failure?

Answer 79

The cy pres doctrine also comes into play where the charitable gift fails after it has actually be dedicated to charity, e.g after T’s death and will takes effect (probate granted/back dated to death of T).

Question 80

subse quen failure in other words?

Answer 80

Subse failure- the cy pres doc also comes into play where the charble gift fails after it is actually been deic to charity. i.e after the tor or trix death nd will takes effct obvs being back dated. So fi at time testor or testrix death the gift is valuably dedi to charity. Cos like organisation of example exits. Its religious order, uni or school etc. then the gift were into land of Narnia youv made it fi shut down 2 day slter it dm. once in worl dof charity u made it theres no going back.

Question 81

if it fails sub?

Answer 81

If ti fails subsequently it just cy press without having to ge tover this hurdle gernal chaurutbe intneiron.

Question 82

when time to go thru narnia?

Answer 82

Time got thru into Narnia once in just cypes its getting in is th probme. So are u I charity of not?-

Question 83

at time o f death what?

Answer 83

AT TIME OF TDEATH WAS GIFT DEDICTATED TO CHARITY AT THAT POINT FO TIME- IF AFTER THAT SUBSEQUNT FIALURE DROP SCHEME WITHOUT HAVING TO SHOW CI- ONLY NED TO SHOW IF AT TIME OF DETAH GIFT WASN’T DEDINATED TO CHARIRTY AS SHUTDOWN SCHOOL 2 DAYS BEFOR EU DIED SO = INTIAL FALURE CAN U STILL CY PRES? ONLY IF CN SHOW GENRAL CHAIRT INTENT** SO NEED THIS GERNAL C I/

Question 84

but oncce time of death?

Answer 84

But once time of detah gave mony to school exited at time shut down next day 10yrs subsequent failure = just cy pres. Si e.gs where property

Question 85

e.g?

Answer 85

E.G :

Where property is given to a charity which was in existence at T’s death but which has since ceased to exist;

Propery say money given to charity… subseq failre just cy pres cos time of detah gift already

Question 86

where gift made to trustees?

Answer 86

Where a gift is made to trustees for s charitable purpose which is carried on for some time but it is then discounted because it has become impossible of impracticable to sustain or is no longer suitable.

Question 87

previous in other words?

Answer 87

Where a gift is made to trustees for a charitable purpose which is carried on for some time but it is then discounted because it has become impossible of impracticable to sustain or is no longer suitable.

Where r.a.w subse failure= cypress- keep bending as long as hey remseble original chairt prupose in more modernise way- cy pres and get 1 down road – remain to keep best charitable use of the money

Question 88

where fift made re king?

Answer 88

Where a gift is made to trustees for a charitable purpose which is duly completed leaving a surplus (Re King (above)).

Whwre gift- r.a.w – cy pres it subs failure – time of detah dd hcairty yes any time after just cy pres

Question 89

in event of subs fail?

Answer 89

In the event of subsequent failure as property affected is already dedicated to charity, cy pres applies without the need of showing a general charitable intent.

Subs failure do not need to show c=general chairt intent

Question 90

re slevin?

Answer 90

Re Slevin [1891]
T left legacy for an orphanage. Orphanage existed at T’s death but was shut before T’s will was administered.
Court held that the gift would be applied cy pres without regard to T’s charitable intent since this was a case of subsequent failure, in that the orphanage was still in existence at the time of the gift (i.e T’s death/will granted probate probate being back-dated to T’s death).

Question 91

re slevin in other words?

Answer 91

Re sleving r.a.w both – cy pres just give money to another orpha down road

Question 92

what cases to see also?

Answer 92

See also:

Re Wright [1954]
Re Moon [1948]

Question 93

Part 6 Charities Act 2011

Answer 93

Part 6 – part introduced wider powers r.a.w

Cy–Pres Powers and Assistance and Supervision of Charities by Court and Commission

Question 94

s.61 ?

Answer 94

S.61 CA 2011: Places duty on charitiable trustees where case permits to apply property cy pres to secure its effective use for charity by taking steps to enable it to be so applied

Question 95

so cy pres ideas comes from what?

Answer 95

So cy pres idea comes in form of stta duty trustees cant just say o duty to get off their duff an actually cy pres it to make best charfibtle use of money where possible and to approach commisiona nd preprare a shcme.

Question 96

S.62 CA 2011: Occasions for applying property Cy-Pres

Answer 96

Where original purposes in whole or part :
-have been as far as may be, fulfilled, or
- cannot be carried out or not according to the directions given and to the spirit of the gift;
- only provide for part use of the property,
..where property available by virtue of the gift and other property applicable for similar purposes can be more effectively used…to that end…
- where area has ceased to be a unit for some purpose

Question 97

s.62? in other words?

Answer 97

s.62 2011- gives modern day list of occasions for applying property cy prs. Act talks about where the roginal pruposes and whole o part e..aw

Question 98

s.62 point 1?

Answer 98

-where original purposes have been adequately provided for by some other means, or ceased as being useless or harmful to the community, or ceased to be in law charitable…

Question 99

s.63 -66?

Answer 99

S.63-66 CA 2011 states property applicable cy-pres if given for charitable purposes if it belongs to a donor who after prescribed advertisements and inquiries cannot be traced after relevant period or a donor who has signed a disclaimer. E.g street collecting tin collections etc.

Question 100

s.63 what about this?

Answer 100

s.63 funeral iof theee young boys money used for kids surplus left over and ruslt what do with surplus. Money held weren’t act charitable- ppt – re denley…??? Surplus and m jsutic harmom incase money held on rt for people who testanted it . Now who helr emebred who put what. Money was pid intocourt sometimes money held inc hancery had banka count. Prov to satisfaction trustees who hell prove. This.

Question 101

s.63 extra?

Answer 101

So money sat there for year discerning interest this is sometimes called money held in chancery waiting fo rpeople to apply to claim their share. Courts no ever did so money sat there gaining itn and actuall said rc justice in London ..all that paid for by money held in chancery.so re jilliam just highlighted a problem. Got a money held on truts nto really cpt more of appt and got a surplus so its resulting turt back to people donating.- claim for htem to get share back.

Question 102

what about s.63 we dont do?

Answer 102

So s.63-66 – r.a.w – undrtsn aworidng broad enough- don’t examine on this

Question 103

S.67 CA 2011- Cy-Pres Schemes

Answer 103

This section deals with the power of the Court or Charities Commission to make a Cy-Pres Scheme:

Court or Commission should look at :

Question 104

Court or Commission should look at :?

Answer 104

• Spirit of the original gift;
• Desirability or securing that the property is applied for charitable purposes which are close to original purposes;
• Need for the relevant charity to have purposes which are suitable and effective in light of current social and economic circumstances.