Charities And Failure

Charities And Failure Charities And Failure
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Charities Act 2006
 
A charitable trust must be for a charitable purpose, contain sufficient element of public benefit and be exclusively charitable
non-charitable purpose trusts
 
1.Denley trusts - bens with suff tangible benefit 2.animals(re Dean), graves (Pirbright v Salwey). certainty of objects or alienability of capital
purpose construed as continuing?
 
1. express purpose or unicorp charity (re Vernon's Wills Trusts) 2.amalgamated and purpose continuing (re Faraker)
Cy-pres
 
initial failure - CGI, subsequent failure - auto
Biscoe v Jackson
 
must be finding of GCI if initial failure
re Harwood
 
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
re Best
 
and benevolent ok - or not
re Scarisbrook
 
poverty - small group ok
Oppenheim test
 
can't benefit by personal nexus
re Koettgen
 
non-binding pref OK (but not charitable)
IRC v Baddeley
 
not class within a class
Nevilles Estates
 
gifts to unincorp ass - 1. gift to members beneficially 2.gift to members subject to rules 3.trust for purpose of association
re Endacott (deceased)
 
trust must have beneficiary to enforce trust
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