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