Unit 5 - Charitable Trusts

Question 1

Re Coulthurst

Answer 1

Poverty does not mean destitution. Can be a persons who have to “go short”.

Question 2

Re Cohen

Answer 2

Poverty can be in needy circumstances

Question 3

Dingle v Turner

Answer 3

Testator directed his trustees to invest a specified sum of trust “to apply to income thereof in paying pensions of poor employees”. Means the no personal nexus requirement in poverty cases.

Question 4

Re Scarisbrick

Answer 4

“Poor relations cases” justified even if there is a personal element as an exception

Question 5

Re Bestermans (education)

Answer 5

(Cited within McGovern v AG)
Requirements for a charitable trust:
1. The subject matter is useful
2. The knowledge is acquired as a result of research and publishings
3. The trust will benefit a large section of the public

Question 6

Re Shaw

Answer 6

Shaw wrote trust into his will to create and publish his new alphabet. Held: not charitable as the purpose was not educational - missing the aspect of teaching

Question 7

McGovern v AG

Answer 7

Amnesty international trust had a purpose trust for abolishment of capital punishment and torture. Held: not charitable - as it was for the purpose of seeking to alter the laws or persuading a country’s government and it was political in nature - not allowed

Question 8

Re Compton (education)

Answer 8

Education for a small beneficiaries is not charitable

Question 9

Oppenheim v Tobacco Securities Trusts

Answer 9

PERSONAL NEXUS TEXT
- A trust for income to assist in providing education of children of the employees and former employees.
“The quality in which distinguished the beneficiary from other members of the community … must be a quality which does not depend on their relationship to a particular individual”

Question 10

Independent schools Council v charity commission for England and Wales (education)

Answer 10

Private schools can still be considered a charity if there are some provisions allowing for people who cannot afford.

Question 11

Thornton v Howe (religion)

Answer 11

A trust was established for the outspoken of publishing the writing of an author who claimed to be pregnant by the Holy Ghost held: the court said that this is child purpose and was held to extend to the public as there is no requirement of benefit. It was held to be charitable has a wide definition that allows including unusual practices.

Question 12

Neville Estates v madden (religion)

Answer 12

A trust for a religious organisation - land was held by trustees of the synagogue promoting the Jewish religion. Held: the trust is charitable a public synagogue can be considered for the public benefit.

Question 13

Re King (religionj

Answer 13

Trust for purposes related to religion can be charitable e.g. to maintain embellish or repair churches.

Question 14

Re South place ethical Society (religion)

Answer 14

The trust with the promotion of ethics alone does not usually qualify under the category of religion.

Question 15

Gilmore v coats (religion)

Answer 15

I trust deserve the purposes of a small set of Catholic nuns. Held: this was not sufficiently open to the public therefore lacks a public benefit.
Charities for advancement prevention must be open to the public and engage with the public. It cannot be a private sect.

Question 16

Re Grove-Grady

Answer 16

The purpose must be beneficial as a question of fact, but does not have to have consensus of opinion.

Question 17

Re Pinion

Answer 17

P left the studio with painting so the national trust for the public to look at it. Held: there is no identifiable benefit this no chargeable purpose.

Question 18

National antivivisection Society VIRC

Answer 18

A trust for ban on animal testing did not satisfy public benefit test as a public detriment caused by banning animal testing outweighed the claims benefit.
The public benefit must be balanced against any detriment or harm.

Question 19

McGovern v AG (political quote)

Answer 19

A trust for political purposes… Can never be regarded as being for the public benefit in a manner which Law regards as charitable.

Question 20

Bonar Law Memorial Trust v IRC

Answer 20

A trust to educate individuals about conservative party principles by holding educational sessions. Held: not charitable the promotion of the cause of political parties is not charitable .

Question 21

Biscoe v Jackson

Answer 21

They trust pursuit soup kitchen failed based on no suitable location, there was a genuine charitable intent so the trust money can be used for another similar purpose.

The ce-pres doctrine