Lecture notes
Charitable Trusts
- Module
- LAW3103
- Institution
- Middlesex University (MDX)
This is a comprehensive guide on charitable trusts and problem questions
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Seminar 9Questions:
• Private fee-paying schools – should they be charitable or not?
1. Is it a charitable purpose (for the advancement for education) – put cases
(Independent Schools Council v Charity Commissioners [2012] 1 All E.R.
127) and go through the principles:
a. Identifiable benefits
b. Benefits to the public or section of the public – this has 2 aspects – the
benefit aspect and the public aspect
2. Is it numerically negligible? – look at the slides
3. Apply all the criteria
• Are the following trusts charitable?
- For the provision of facilities in art galleries to display paintings done by
chimpanzees.
Look at charitable purpose – apply case of Re Pinion [1965] Ch 85, but see if there
is a useful purpose of benefit to be gained – advancement of arts, education and
science. If this is found, then a charitable purpose is found.
Next question: is it for public benefit? It has to benefit a section of the public, there
should be no personal nexus, benefit must not be for numerically negligible people,
any personal benefit must be incidental.
Then look if it is wholly and exclusively charitable.
If all this is found, then it is a charitable trust.
- For the relief of the hardships suffered by Criminal law Barristers due to
recent legal aid cuts.
Charitable purpose – could be relief of poverty but maybe working classes are
excluded.
Public benefit – Look at Re Niyazi’s Will Trust [1978] 1 W.L.R. 910
Financial hardship – IRC
Wholly and exclusively charitable? – no sufficient facts to judge whether it is or it is
not.
- For the education at independent schools of the children of Labour Party MPs.
Charitable purpose – could be for the advancement of education, which is a
charitable purpose. (put case)
Public benefit – not for the public benefit, could be a nexus if the testator is part of
the labour party, appears to be exclusively for the rich so appears to be excluding
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