NCTPS Flashcards
What is the beneficiary principle.
Generally beneficiaries have to be identifiable humans, therefore when they’re not it is usually void.
When are NCTPS valid?
Gift
Re denley
Re Endacott
What is the perpetuity period for NCPTS?
21 years
“So far as the trust can legally do so”
NCTPS limits perpetuity period.
Re hooper 1932
Nature of the purpose means it will be completed within 21 years. Case?
Musset V bingle 1876
Court can strike out clause where it is useless.
Brown v burdett 1882
Which case brought exceptions to the to NCPTS?
The rules of Re Endacott 1960 brought the rules of which NCTPS were allowed.
Which 3 NCTPS did Re Endacott allow?
- Care of individual animals
- Graves, tombes, and monuments
- Saying of private masses
Case relating to care of individual animals?
Pettingall v pettingall 1842 - allowed
Case relating to saying of private masses and why was it allowed?
Re Thompson 1934 - Promotion of fox hunting, residue to go to colleges at Cambridge uni.
Give 2 other ways NCTPS can be valid.
- Deemed to be a gift.
- Re denley.
Case relating to gifts with a purpose.
Re bowes 1896 - courts couldn’t have done anything else.
Re denley confirmed a purpose trust is valid if -
1 it is directly or indirectly for the benefit of individuals provided the individuals are ascertainable.
2. The trust is expressly limited in perpetuity.
3. There was a gift over in default.
What does a gift over in default mean?
Provided what would happen with the land when the perpetuity period came to an end.
What is an unincorporated association?
An organisation set up through an agreement between a group of people who come together for a reason other than to make profit (e.g. a sports club)
Which case defined an unincorporated association?
Conservative central office v Burrell 1982
How does conservative central office v Burrell 1982 define a UA?
Two or more people who are bound together for one or more common purpose.
Big issue with UA?
No legal personality. So banks set up in 1 or more individuals name, they have complete control of it so need to be tied to it as much as possible.
What are the three different ways of constructing a gift in UA?
- Gift to existing members as JT
- Gift to existing members subject to their respective contractural rights and liabilities
- Gift for existing and future members
“Every other trust must have a definite object”
Morice v bishop of Durham
“One cannot have a trust, other than a charitable trust, for the benefit not of individuals but of objects”
Re shaw
What is a non-charitable purpose trust? Case?
Re shaw wills trust, a trust of imperfect obligation
Reason for perpetuity period? Case?
Re khoo cheng teow 1932 - not right for property to be tied up out of economic circulation.
Gifts valid as a NCPTS? Case?
Re bowes 1896, YES
Purpose of the trust was motive, rather than the object but this was allowed as a NCPT?
Re Andrew’s 1905 - compare to re bowes 1896
Explain re denely 1968 principle.
Testator leaves the gift to the members in a language which indicates that there are identifiable beneficiaries.
What happened in re denely 1969?
Land was left by the testator for the “use and enjoyment of employees of a company”
Case to show graves can be a NCPTS?
Pribright v salwey 1896
Case to support saying of private masses?
Bourne v keane 1919
If a trust fails for saying of private masses, can it become a charitable trust? Case to support.
YES provided it’s an open mass to public, re hethrington.
Case to support animal will not live past 21 year perpetuity period.
Re Haines
Case to show perpetuity period?
Re Kelly 1932
Which case shows options of how to deal with NCPTS and UA’s?
Neville estates v madden 1962
Can a member sever their share in the contract holding theory? Case?
NO - Re Reachers Will trust and Re St Andrew’s club trust
Can the member chose to not carry out the intended purpose of the testator? Case?
YES - lipinski 1976, nothing can be done about it.
