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12 Cards in this Set
- Front
- Back
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Purpose Trusts |
Charities Imperfect Obligations Re Denly's Will Trusts 1969 UIA |
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Non-Charitable purpose trusts |
No ascertainable beneficiaries, can't enforce legal right. Will violate perpetuity rule |
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Imperfect Obligations |
These exceptions are ‘anomalous and aberrant’ (Re Endacot 1960), and are unlikely to be expanded upon. |
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Imperfect Obligations 2 |
Trusts of imperfect obligation can be one of 4 categories; erection or maintenance of tombs and monuments, maintenance of animals, saying masses for the dead or promotion and furtherance of fox hunting |
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Perpetuity |
A purpose trust (except charities) cannot continue forever so it must not last longer than a human life in being plus 21 years. The Perpetuities and Accumulations Acts of 1964 and 2009 do not apply to this rule. |
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Useless |
“useless, wasteful or capricious.”(Brown v Burdett 1882). “sheer waste of money” as identified in the case of McCraig v University of Glasgow |
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Animals |
Pettinghall v Pettinghall 1842 it was money to provide for his favourite horse, while in Re Dean it was £750 per annum for his horses and hounds. Re Dean did have an anomaly where the trust was valid for the 50 years stated. |
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Monuments/Tombs |
Musset v Bingle 1876 where the erection of a monument was held to be a valid trust or Re Hooper where the upkeep of family graves for the legal period |
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Masses |
Could be charitable if public Bourne v Keane 1919 the trust established for the saying of masses was valid. |
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Foxes |
Re Thompson 1934 |
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Re Denly's Wills Trust 1969 |
Group of beneficiaries has to be ascertainable Land for sport must be admin workable - West Yorkshire case |
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UIAs |
No Legal identity, cant enforce, cant have held on trust for them. Neville Estates v Madden the courts identified 3 ways that a gift could be constructed; to the present members beneficially, to the present and future members beneficially, or to present members beneficially subject to contractual rights and liabilities Re Lipinski's Wills Trust 1976 Denly applied goes to the members not the association if not ascertainable tjhen wil fail as in HAnchett-Stamford v HM AG 2008
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