Lecture notes
Charitable Trusts
- Module
- LAW3103
- Institution
- Middlesex University (MDX)
This is a comprehensive guide on charitable trusts and problem questions
[Show more]
Seller
Follow
Content preview
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
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 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 knabiha079. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £6.78. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
81113 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now