Non-charitable purpose trusts

Question 1

What are Non-Charitable Purpose Trusts?

Answer 1

Trusts that apply only when a trust is created in a will.

Question 2

What are the limited exceptions classified in Re Endacott?

Answer 2

• Trusts for the maintenance of particular animals
• Trusts for the erection and maintenance of graves and monuments
• Trusts for the saying of private masses

Question 3

Can exceptions to Endacott be extended by analogy?

Answer 3

No, exceptions to Endacott will not be extended by analogy.

Question 4

What are Non-Charitable Purpose Trusts often referred to as?

Answer 4

Trusts of imperfect obligation.

Question 5

What is the Pettengill order?

Answer 5

An order that requires the trustee to give an undertaking to comply with the trust.

Question 6

What does the rule against inalienability state?

Answer 6

Assets cannot be tied up on trust for longer than the common law perpetuity period of a life in being plus 21 years (or just 21 years).

Question 7

Can animal lives be used as lives in being under the rule against inalienability?

Answer 7

No, animal lives cannot be used as lives in being.