Trust Purposes

Trust Purposes

trustee does not have complete freedom
Too Vague
1. Hardie v Morrison
  1. sale of books for 'free thought'
2. McLean v Henderson
  1. Phernology case
Too Wide
1. Wood v Woods Exr
  1. 'as she knows i would wish'
Identifying class of person
1. Salvesons Tv v Wye
  1. 'Poor relative and aqaintences'
2. Smellie v Glasgow RI
  1. 'persons i should like to remember'
Certain expressions
1. Charitable purposes
  1. allowable
2. too vague
  1. benevolent purposes
  2. religious purposes
  3. purblic purposes
3. Conjunctive and Disjunctive
  1. and/or
    1. charitable and religious purposes may be void
  2. purposes both charitable and religious is valid
Requirement to nominate
1. Angus Exr v Batchans Tr
  1. no trustees appointed
Illeality of purposes
1. criminal
2. prohibited
  1. contravenng statute
    1. e.g. successive liferents
3. Contra bonos mores
  1. offend against natural moral sense
    1. conditions which resrit freedom of choice
      1. Aird v Aird
        brother to be batchelor to receive benefit
4. conrary to public policy
  1. McCaig Cases
  2. Flockhart's Tr v Bourlet
    1. Cannot leave money for pets

Resource summary

	Created by 40055097 about 10 years ago