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