Trust Purposes

Question 1

Trust purposes may not be

Answer 1

Uncertain due to vagueness

Contrary to public policy or morality

Illegal

Question 2

Hardie
V
Morrison

Answer 2

It it cannot be determined what a truster wishes to be done with trust property, will be void

Eg free thought

Vague to such a degree trust purpose could not be ascertained

Question 3

Sutherland’s Trs
V
Sutherland

Answer 3

Trust must not be comprised of overly wide purposes as to confer on trustees such wide sic region that it is the trustees proposes that are carried out rather than the trusters

Question 4

Miller petrs

Answer 4

Impossibility will render trust purpose invalid

Includes promotion of an illegal purpose so that the act simply cannot be performed by beneficiary in conformity with the law

Question 5

Angus’s EXX
V
Batchan’s Trs

Answer 5

Issues can arise in public trusts where the vague terms are used

Held: “charitable” and “educational” purposes deemed valid

Question 6

Blair V Duncan

Rintoul v Rintoul

Answer 6

“Public purposes”

“Religious purposes”

Too vague, invalid purposes

Question 7

Bowman
V
Secular Society Limited

Answer 7

A trust purpose will be void if it is contrary to morality or otherwise stated,

Contra Bonos mores

Question 8

Fraser
V
Rose

Answer 8

Contrary to morality

Condition that daughter must estranged herself from mother deemed invalid.

Trust given effect without fulfilment of the condition

Question 9

Innes’ Trs
V
Innes and others

Answer 9

Contrary to morality

Condition beneficiary would only receive benefit if they changed their religion was deemed contrary to morality and thus invalid

Question 10

Sutherland’s Trs
V
Verschoyle and Ors

Answer 10

Contrary to public policy

Extravagant and wasteful purposes can be deemed contrary to public policy

Question 11

McCaigs cases

Answer 11

Contrary to public policy

Trust purpose to build extravagant and expensive tombstone wasteful and act of vanity which served no useful purpose whatsoever