Purpose Trusts

Question 1

When should a purpose trust vest?

Answer 1

21 years

Question 2

Why are purpose trusts generally void?

Answer 2

Because there is no beneficiary to enforce them

Question 3

4 examples when valid purpose trusts are limited

Answer 3

Erecting or maintaining monuments or graves
Saying of mass in private
Upkeep of specific animals
Gifts to unincorporated associations or clubs

Question 4

Objections to purpose trusts

Answer 4

No beneficiaries to enforce them
Uncertainty
Perpetuity

Question 5

2 cases for lack of beneficiaries

Answer 5

Morice v Bishop of Durham (1804)
Leahy v AG for NSW [1959]

Question 6

A case for uncertainty

Answer 6

Re Astor [1952]

Question 7

When can a purpose trust be valid?

Answer 7

Trusts of ‘imperfect obligation’
Held to be valid despite there being no one who can enforce the trust obligations
The exceptions to the rule are ‘where Homer has nodded.’

Question 8

What are the exceptions to the rule?

Answer 8

Monuments - (Re Hooper)
Specific Animals - (Re Dean)
Private masses - (Re Heatherington)
Promotion of fox hunting - (Re Thompson)