Trusts group 3 invert

Question 1

Charitable OR Benevolent = VOID

Answer 1

Diplock’s Will

Question 2

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

Answer 2

Re McDuff

Question 3

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

Answer 3

Re Bennett

Question 4

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

Answer 4

Salusbury v Denton

Question 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;

Answer 5

Gillingham Bus

Question 6

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

Answer 6

Wykes

Question 7

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

Answer 7

Re Coulthurst

Question 8

Houses for working class ≠ poverty

Answer 8

Sanders

Question 9

Gifts for benefit of poor = charitable

Answer 9

Re Darling

Question 10

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

Answer 10

Dingle v Turner HOL

Question 11

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

Answer 11

IRC v McMullen

Question 12

Education – promote study of Egypt = Charitable

Answer 12

Brit school Egyptology

Question 13

Zoo = charitable

Answer 13

re lopez

Question 14

Choral singing = Charitable

Answer 14

Royal Choral Society

Question 15

School for noblemen = charitable

Answer 15

Brighton college v Marriott

Question 16

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

Answer 16

Re Pinion

Question 17

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

Answer 17

Besterman

Question 18

Education – sport – only amateur sport allowed

Answer 18

s.2(2)(g) CA 2006

Question 19

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

Answer 19

Oppenheim

Question 20

Religion = mono/poly/atheistic beliefs

Answer 20

S.2(3)(a) CA 2006

Question 21

Religion needs –
worship of supreme being;
belief in a God

Answer 21

South place ethical society

Question 22

Not Charitable b/c not worship supreme being

Answer 22

Scientologists 2005

Question 23

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

Answer 23

Neville estates

Question 24

Crt won’t recognise a religion if tenants subvert morality

Answer 24

Thornton v Howe

Question 25

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

Answer 25

Funnell v Stewart

Question 26

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

Answer 26

Gilmore v Coats

Question 27

Public displays of prayer/blessings have edifying effect on ppl

Answer 27

Hetherington

Question 28

Political trusts ≠ valid – Applies to ALL heads of Charities

Answer 28

McGovern v AG

Question 29

T. to change law ≠ charitable

Answer 29

Anti-Vivisection

Question 30

Support interests of political parties ≠ charitable;

Answer 30

Hopkinson

Question 31

Encouraging knowledge & debate about politics = charitable

Answer 31

Koeppler

Question 32

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

Answer 32

Re Wedgewood

Question 33

Animal charities – must allow public access

Answer 33

Re Grove-Grady

Question 34

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

Answer 34

s.13 CA 2006

Question 35

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

Answer 35

Satterwhatie

Question 36

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

Answer 36

Harwood

Question 37

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

Answer 37

Re Rymer

Question 38

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

Answer 38

Finger’s W.T.

Question 39

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

Answer 39

Royal College Surgeons

Question 40

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

Answer 40

Workingham Fire Brigade

Question 41

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

Answer 41

Re Wright

Question 42

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

Answer 42

Faraker