Trusts group 3

Question 1

Diplock’s Will

Answer 1

Charitable OR Benevolent = VOID

Question 2

Re McDuff

Answer 2

For charitable, philanthropic or… = VOID b/c philanthropic ≠ charitable

Question 3

Re Bennett

Answer 3

Crt can apply Ejusdem generis rule to interpretation & discard w/ necessity of reading “or” disjunctively

Question 4

Salusbury v Denton

Answer 4

Crt CAN apply doctrine of severance and non-charitable addition from gift so that it = charitable MAXIM ‘Equity = Equlity’

Question 5

Gillingham Bus

Answer 5

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;

Question 6

Wykes

Answer 6

T. for welfare = charitable b/c similar to poverty

Question 7

Re Coulthurst

Answer 7

Poverty Head – poverty can include those who ‘go short’

Question 8

Sanders

Answer 8

Houses for working class ≠ poverty

Question 9

Re Darling

Answer 9

Gifts for benefit of poor = charitable

Question 10

Dingle v Turner HOL

Answer 10

If aim = relieve poverty then = charitable;
If gift to particular ppl to relieve poverty ≠ charitable;
T. to pay pension to poor employees = Charitable

Question 11

IRC v McMullen

Answer 11

Advancement of Education head – wording = wide “process of instruction, training… containing spiritual, moral, mental, physical elements”

Question 12

Brit school Egyptology

Answer 12

Education – promote study of Egypt = Charitable

Question 13

London Zoo

Answer 13

Zoo = charitable

Question 14

Royal Choral Society

Answer 14

Choral singing = Charitable

Question 15

Brighton college v Marriott

Answer 15

School for noblemen = charitable

Question 16

Re Pinion

Answer 16

Preserving S’ors collection of paintings = mass of junk & ≠ charitable

Question 17

Besterman

Answer 17

Research can = charitable but subject matter must be useful and knowledge passed on

Question 18

s.2(2)(g) CA 2006

Answer 18

Education – sport – only amateur sport allowed

Question 19

Oppenheim

Answer 19

Public benefit not =
if m’brshp = based on personal nexus
if m’brshp = based on contract

Question 20

S.2(3)(a) CA 2006

Answer 20

Religion = mono/poly/atheistic beliefs

Question 21

South place ethical society

Answer 21

Religion not need ethical purpose;
Religion needs –
worship of supreme being;
belief in a God;

Question 22

Scientologists 2005

Answer 22

Not Charitable b/c not worship supreme being

Question 23

Neville estates

Answer 23

Law adopts neutral stances on religion but assumes some is better than none;
Public sayings of mass = charitable;

Question 24

Thornton v Howe

Answer 24

Crt won’t recognise a religion if tenants subvert morality

Question 25

Funnell v Stewart

Answer 25

Crt won’t discriminate b/twn religions w/ few followers;

Question 26

Gilmore v Coats

Answer 26

Private prayers/cloistered nuns ≠ charitable b/c no public benefit/ too vague

Question 27

Hetherington

Answer 27

Public displays of prayer/blessings have edifying effect on ppl

Question 28

McGovern v AG

Answer 28

Political trusts ≠ valid – Applies to ALL heads of Charities

Question 29

Anti-Vivisection

Answer 29

T. to change law ≠ charitable

Question 30

Hopkinson

Answer 30

Support interests of political parties ≠ charitable;

Question 31

Koeppler

Answer 31

Encouraging knowledge & debate about politics = charitable

Question 32

Re Wedgewood

Answer 32

Animal welfare = charitable – animal charities enhance public morality and make us better ppl

Question 33

Re Grove-Grady

Answer 33

Animal charities – must allow public access

Question 34

s.13 CA 2006

Answer 34

``` Cy pres works when it is : 1. Impossible; 2. Impractical; 3. Illegal; 4. Inefficient To carry out gift’s purpose ```

Question 35

Satterwhatie

Answer 35

CyPres – General Charitable intent is shown if rest of will = charitable;

Question 36

Harwood

Answer 36

Cy-pres – General Charitable intent is shown if gif left to non-existent charity

Question 37

Re Rymer

Answer 37

Cy-Pres – General Charitable intent is NOT SHOWN if terms of gift = v. Specific

Question 38

Finger’s W.T.

Answer 38

Cy-Pres – General Charitable intent is NOT SHOWN if gift made to corporation

Question 39

Royal College Surgeons

Answer 39

Crt can remove onerous restrictions if there is general charitable intention (gift not to be used on catholics)

Question 40

Workingham Fire Brigade

Answer 40

Cy-Pres – No need to discover General Charitable Intent if Cy-Pres subsequent FAILURE cases

Question 41

Re Wright

Answer 41

In determining WHEN the Charitable gift takes effect - Gift takes effect at death of T’or

Question 42

Faraker

Answer 42

If Gift made to charity that has been amalgamated w/ another – no need Cy-Pres – gift automatically goes to new charity