Charities/Charitable Trusts - Equity and Trusts University Law Module Notes - Including Case Examples
10 views 0 purchase
Course
Equity and Trusts
Institution
University Of Portsmouth (UoP)
University Law Degree Notes for the Equity and Trusts Module.
Charities/Charitable Trusts including case examples for Charitable Purposes.
The requirements for a Trust to qualify as a Charitable Trust.
Easy to Understand and Straight to the Point Notes which help to Summarise this segment of the...
Charities are set up for a purpose and they are typically a trust.
The Charity Commission is the Regulator and Registrar of Charities under the
Charities Act 2011.
Requirements:
s.1(1)(a) Charities Act 2011 – Exclusively Charitable
o The Trust needs to be for an Exclusively Charitable purpose.
s.2(1)(a) Charities Act 2011 – Charitable Purpose
o The Trust needs to be for a charitable purpose which qualifies as
charitable under law.
s.2(1)(b) Charities Act 2011 – Public Benefit
o There are two aspects to Public Benefit – Public aspect and Benefit
aspect.
Exclusively Charitable – s.1(1)(a) Charities Act 2011
The trust must be able to establish an exclusively charitable purpose. Private
benefit is not permitted.
Charitable Purpose - s.2(1)(a) Charities Act 2011
Original charitable purposes were rationalised in the case of Special
Commissioners of Income Tax v Pemsel [1891] A.C. 531, these include: Poverty,
Education and Religion.
s.3(1) Charities Act 2011 – This section of the Act lists 13 acknowledged
charitable purposes.
Some of these include the purpose surrounding:
o Poverty
o Education
o Religion
o Health
o Environment
o Animal Welfare
o Human Rights
o Ect…
Case Examples of Charitable Purposes:
Poverty – Re Gwyon [1930] 1 CH 255
In this case, money was left in order to provide children with short trousers
in Farnham.
The purpose of the trust was found to not be for the prevention or relief of
poverty.
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 hks1100. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $6.03. You're not tied to anything after your purchase.
