Trust 6 - Purpose trusts - non-charitable

Question 1

What non-charitable purpose trusts are allowed?

Answer 1

• particular animals
• monuments and graves - not private individuals
• private masses

Question 2

What should non-charitable purpose trusts include to ensure they comply with rule against inalienability?

Answer 2

An express perpetuity clause

Question 3

What are the requirements for a non-charitable purpose trust?

Answer 3

Intended purpose very certain
1. Fall within recognised exception to beneficiary principle
2. Created by will

Question 4

What are the exceptions to beneficiary principle for non-charitable purpose trusts?

Answer 4

• Trusts for maintenance of particular animals
• Trusts for erection & maintenance of monuments and graves (not private individuals)
• Trusts for saying of private masses (if for public benefit)

Question 5

Can trustees still act on a non-charitable trust?

Answer 5

• if trustee willing to act, a Pettingall order could be made.