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Mapa mental

Purpose and Charitable Trusts

Daniel Hill Trusts and Equity A-Levels Inglês

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Purpose and Charitable Trusts

  1. Beneficiary Principle

    • Morice v Bishop of Durham
      • For a trust to be valid it must be for the benefit of ascertainable individuals
    • Must be beneficiary to enforce beneficial obligation of trustee
      • Re Astor's
    • Exceptions
      • Charitable trusts
      • Re Denley
        • Where a trust is made for a purpose which is for the direct or indirect benenfit of ascertainable individuals
          • Affirmed in Re Grant's Wills Trusts
            • No difference between Re Denley and discretionary trust - yes there is Denley trust allows mere administrative discretion - Discretionary trusts allow trustees to decide who is a beneficiary
    • Put another way, trusts cannot be for a purpose
  2. Gifts to unincorporated associations

    • Way around BP?
      • Create a trust for the benefit of a UA which aims to promote the wanted purpose
    • Group of individuals who don't create a legal entity - i.e. uni societies
    • Criteria displayed in Conservative and Unionist Central Office v Bursell
      • 1. Two or more persons bound together for non-business purposes 2. Mutual undertakings and obligations 3. Rules to identify who controls it and its finances 4. Each member enters the contract voluntarily
    • Contract Holding Theory
      • Re Recher's Wills Trust
        • Gifts made to UAs will go to the trustee-treasurer and distributed amongst the UA as is stated in their mutual contract
        • 3 different ways of distribution
          • Neville Estates v Madden
            • A gift to individual members as co-owners
            • A gift to individual members subject to their contractual rights and liabilities to each other
            • The gift is held on trust for the purposes of the association as a whole as a quasi-corporate entity
  3. Charitable trusts

    • Charitable Purpose
      • DIngle v Turner
        • 1. The character of the purpose must be charitable 2. The purpose must be beneficial on balance 3. The purpose must benefit a section of the public 4. The purpose must be exclusively charitable and not political 5. The purpose must not seek to make a profit
      • 1. Character
        • Charities Act 2011
          • Poverty
            • Does not mean destitution
              • People who may go short
                • Re Coulthurst
              • Those in limited means
                • Re Gardom
              • Decayed actors
                • Spiller v Maude
            • Can benefit a class but not if some aren't poor
              • 'Poor employees' is ok
                • Dingle v Turner
              • Working class not as not all are poor
                • Re Sander's Will Trusts
          • Education
            • Includes education in normal sense as well as others
              • Artistic education
                • Royal Choral Society v IRS
              • Museums
                • British Museums Trustees v White
              • Sports at schools
                • Re Mariette
              • Student Unions
                • London Hospital Medical College v IRS
              • Professional bodies which advance education
                • Royal College of Surgeons v National Provincial Bank
              • Research
                • McGovern v A-G
          • Relgion
            • Not distinguished on quality
              • Neville Estates v Madden
            • Distinguishes between what is and isn't religion i.e. Scientology
              • Original position is scientology is not a religion
                • Ex Parte Segerdal
              • Australian case against that view
                • Church of the New Faith v Comr
              • s3(2) Charities Act
              • Likely to be classified as religion now
                • Hodgkins v Registrar General for Births
    • Public Benefit
      • Independent Schools case
        • Discussion around that
        • Must be beneficial on balance
          • Benefit must outweigh any detriment
            • National Anti-vivisection Society v IRS
        • Must benefit a section of the public, not private individuals
          • Can be for people in a geographical location or the children of those in certain professions but not companies
            • Oppenheim Tobbaco
          • Personal Nexus test
            • If a class is defined by a personal nexus to an individual it is not a sufficient portion of the public
              • Oppenheim Tobacco

Informações

Descrição
A-Levels Trusts and Equity (Charitable/Purpose trusts) Mapa Mental sobre Purpose and Charitable Trusts, criado por Daniel Hill em 19-04-2015.
Criado por
Daniel Hill
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