Public and charitable trusts

Question 1

Salvesen’s Trs v Wye

Answer 1

1. The beneficiaries of the trust were “any poor relations, friends or acquaintances of mine”
2. “According to Scots law the mere introduction of the adjective ‘poor’ as a qualification of ‘relations, friends or acquaintances of mine’ will not suffice to impart to this bequest the special qualities and privileges of a trust for charitable uses. It remains a private trust; and I can give no further or other effect to the word ‘poor’ than a narrowing of the class by a requirement that its members should be in need of financial assistance” (Lord President (Cooper))
3. This was held to be a private trust

Question 2

Glentanar v Scottish Industrial Musical Association

Answer 2

1. The trust deed presented a silver shield to the trustees to be awarded annually to the winners of ‘juvenile brass band competitions’
2. The court, probably wrongly, held that this was not a public trust
3. It is not clear whether the court was right here
4. Why was it not a public trust?
5. The identified beneficiaries were a section of the public
6. It is best to see the case as an erratic authority on a small value case

Question 3

Inverclyde Council v Dunlop

Answer 3

1. A public trust owned a park, and the trustee (Inverclyde Council) wanted to develop the dilapidate pavilion by changing how it charged for use of various facilities, because otherwise it would be unable to make repairs
2. The trust deed only authorised ‘organised games’, whereas it wanted to build a gym so that it could charge for gym admission to pay for improvements to other facilities, including the pavilion, so it brought a petition under section 9(1)(d)(iii)
3. It was held to be proven that the money that could be raised under the current arrangements was entirely inadequate, and the trust purposes should be varied to allow for charging for the use of gym facilities and other facilities