Trusts group 3 Flashcards
Diplock’s Will
Charitable OR Benevolent = VOID
Re McDuff
For charitable, philanthropic or… = VOID b/c philanthropic ≠ charitable
Re Bennett
Crt can apply Ejusdem generis rule to interpretation & discard w/ necessity of reading “or” disjunctively
Salusbury v Denton
Crt CAN apply doctrine of severance and non-charitable addition from gift so that it = charitable MAXIM ‘Equity = Equlity’
Gillingham Bus
Worthy causes can = charitable;
Disaster appeals get tax relief & can be saved by Cy-Pres if Charitable;
If not – monies can go to families at T’ees discretion b/c family ≠ public;
If not – no tax relief, no cy-pres;
Wykes
T. for welfare = charitable b/c similar to poverty
Re Coulthurst
Poverty Head – poverty can include those who ‘go short’
Sanders
Houses for working class ≠ poverty
Re Darling
Gifts for benefit of poor = charitable
Dingle v Turner HOL
If aim = relieve poverty then = charitable;
If gift to particular ppl to relieve poverty ≠ charitable;
T. to pay pension to poor employees = Charitable
IRC v McMullen
Advancement of Education head – wording = wide “process of instruction, training… containing spiritual, moral, mental, physical elements”
Brit school Egyptology
Education – promote study of Egypt = Charitable
London Zoo
Zoo = charitable
Royal Choral Society
Choral singing = Charitable
Brighton college v Marriott
School for noblemen = charitable
Re Pinion
Preserving S’ors collection of paintings = mass of junk & ≠ charitable
Besterman
Research can = charitable but subject matter must be useful and knowledge passed on
s.2(2)(g) CA 2006
Education – sport – only amateur sport allowed
Oppenheim
Public benefit not =
if m’brshp = based on personal nexus
if m’brshp = based on contract
S.2(3)(a) CA 2006
Religion = mono/poly/atheistic beliefs
South place ethical society
Religion not need ethical purpose;
Religion needs –
worship of supreme being;
belief in a God;
Scientologists 2005
Not Charitable b/c not worship supreme being
Neville estates
Law adopts neutral stances on religion but assumes some is better than none;
Public sayings of mass = charitable;
Thornton v Howe
Crt won’t recognise a religion if tenants subvert morality
Funnell v Stewart
Crt won’t discriminate b/twn religions w/ few followers;
Gilmore v Coats
Private prayers/cloistered nuns ≠ charitable b/c no public benefit/ too vague
Hetherington
Public displays of prayer/blessings have edifying effect on ppl
McGovern v AG
Political trusts ≠ valid – Applies to ALL heads of Charities
Anti-Vivisection
T. to change law ≠ charitable
Hopkinson
Support interests of political parties ≠ charitable;
Koeppler
Encouraging knowledge & debate about politics = charitable
Re Wedgewood
Animal welfare = charitable – animal charities enhance public morality and make us better ppl
Re Grove-Grady
Animal charities – must allow public access
s.13 CA 2006
Cy pres works when it is : 1. Impossible; 2. Impractical; 3. Illegal; 4. Inefficient To carry out gift’s purpose
Satterwhatie
CyPres – General Charitable intent is shown if rest of will = charitable;
Harwood
Cy-pres – General Charitable intent is shown if gif left to non-existent charity
Re Rymer
Cy-Pres – General Charitable intent is NOT SHOWN if terms of gift = v. Specific
Finger’s W.T.
Cy-Pres – General Charitable intent is NOT SHOWN if gift made to corporation
Royal College Surgeons
Crt can remove onerous restrictions if there is general charitable intention (gift not to be used on catholics)
Workingham Fire Brigade
Cy-Pres – No need to discover General Charitable Intent if Cy-Pres subsequent FAILURE cases
Re Wright
In determining WHEN the Charitable gift takes effect - Gift takes effect at death of T’or
Faraker
If Gift made to charity that has been amalgamated w/ another – no need Cy-Pres – gift automatically goes to new charity
