charities and failure

17 cards

charities and failure


 
  
Created Oct 2, 2008
by
katehorley

 

 
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1
Charities Act 2006
 
A charitable trust must be for a charitable purpose, contain sufficient element of public benefit...
2
non-charitable purpose trusts
 
1.Denley trusts - bens with suff tangible benefit 2.animals(re Dean), graves (Pirbright v Salwey)....
3
purpose construed as continuing?
 
1. express purpose or unicorp charity (re Vernon's Wills Trusts) 2.amalgamated and purpose...
4
Cy-pres
 
initial failure - CGI, subsequent failure - auto
5
Biscoe v Jackson
 
must be finding of GCI if initial failure
6
re Harwood
 
finding of GCI unlikely if specific institution
7
re Sattersthwaite's Wills Trusts
 
GCI likely if gifts to lots of other similar charities
8
re South Place Ethical Society
 
religion - must be worship
9
Gilmour v Coats
 
religion - must have contact with public
10
Funnell v Stewart
 
faithhealing was under religion
11
re Best
 
and benevolent ok - or not
12
re Scarisbrook
 
poverty - small group ok
13
Oppenheim test
 
can't benefit by personal nexus
14
re Koettgen
 
non-binding pref OK (but not charitable)
15
IRC v Baddeley
 
not class within a class
16
Nevilles Estates
 
gifts to unincorp ass - 1. gift to members beneficially 2.gift to members subject to rules...
17
re Endacott (deceased)
 
trust must have beneficiary to enforce trust

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