Case Table: Charitable and non-charitable purpose trusts
5 views 0 purchase
Course
Equity & Trusts
Institution
Cardiff University (CF)
Case table produced by a 1st class student. Includes:
- Facts of the case (where needed)
- Quotes/judgment
- Critical analysis
This case table is for charitable and non-charitable purpose trusts. There are cases for the following sub-topics:
- Charitable trusts
- Testamentary trust of imp...
Oppenheim v The relevant trust was to apply income in providing for the education of children of employees or former
Tobacco employees of certain companies.
Securities This was a personal nexus linking the beneficiaries of the trust to the settlor and thus rendered the trust void
Trust Co Ltd as it was non-charitable.
[1951] Lord Simonds
Although the nature of the purpose (advancement of education) was beneficial, the employment
nexus rendered it private rather than public – the class of beneficiaries did not constitute a
sufficient section of the public.
Lord Normand and Lord Morton
Approval of the Compton principle: no class of beneficiaries can constitute a section of the public
for the purpose of the law of charity if the distinguishing quality which links them together is
relationship to a particular individual either through common descent or through common
employment.
Because those personal relationships are by nature non-public, the beneficiaries would be private
individuals instead of section of the community.
Testamentary trust of imperfect obligation
Pirbright v A trust for the care and upkeep of family graves and monuments was held to be valid for 21 years only.
Salwey [1896] It was held that, after the end of the perpetuity period, any surplus money should be given to whoever was
entitled to the reside of the estate.
Re Endacott The testator in this case had left his estate to a parish council to provide ‘some useful memorial’ to It is important in the assessment to make
[1960] himself. This was construed to be a trust for a non-charitable purpose trust that was not valid, even sure that the TIO fits the established
though it might be regarded as analogous to trusts to erect and maintain monuments and graves. categories, e.g. a statute may not be the
The cases of a TIO should not be extended. same as a monument or grave and thus may
be void.
Non-charitable purpose trusts
R v Denley Denley creates an exception to the beneficiary rule in non-charitable purpose trusts:
[1969] 1 Ch This quote demonstrates why the
373 Goff J Ratio ‘there may be a purpose or object trust, the carrying *383 out of which would benefit an beneficiary principle is important – it gives
individual or individuals, where that benefit is so indirect or intangible or which is otherwise so framed as someone locus standi to enforce the trust.
not to give those persons any locus standi to apply to the court to enforce the trust, in which case the Where someone benefits so abstractly, they
beneficiary principle would, as do not have locus standi. Denley
it seems to me, apply to invalidate the trust… The present is not, in my judgment, of that character…in my differs because there are people
judgement, the beneficiary principle in re Astor’s Settlement…is confined to purpose or object trusts who benefit directly, and thus could be said
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller essaysfromalawstudent. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.60. You're not tied to anything after your purchase.
