Nobody downloaded yet

The Law of Trusts and Charities - Case Study Example

Comments (0) Cite this document
This research paper, The Law of Trusts and Charities, will explore the nature of the charitable trust as a means of explaining and demonstrating that the ordinary trust laws are appropriate tools for regulating and controlling the officers and work of charities…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97.1% of users find it useful
The Law of Trusts and Charities
Read TextPreview

Extract of sample "The Law of Trusts and Charities"

Download file to see previous pages The word charity is deeply rooted in human nature and is linked to the provision of emotional, material or spiritual support to the needy and instinctively appeals to human nature. Capitalizing on the words of Sir William Grant in Morice v Bishop of Durham, the authors of Tudor on Charities note that:
Even so, philanthropic donations and intentions require some measure of institutional regulation in order to ensure that its welfare purposes are complied with. The law of trust is the legal framework “most widely adopted to provide that institutional structure.” In this regard, the law of trust, however, has been modified to accord some relaxation of the ordinary trust laws. This is a testament to the highly flexible and adaptable nature of trust laws and its suitability to the charitable trust.
The law regulating charities as it currently stands emerged during the latter part of the 19th century and was largely influenced by social welfare characteristics of the British society. S Moffat, Bean, and Dewar explain, “the funds and energies of private philanthropists and charity workers” were entirely inadequate for coping with the growing incidents of “poverty, disease, and homelessness.” By the time the First World War started the State had taken significant steps in providing welfare to the public. In this regard, private philanthropy became a “junior partner” with the state in the provision of welfare. Charitable trusts are also typically exempt from the application of the perpetuities restrictions. Although the typical life plus 21 years apply, charities will continue to have the benefit of a trust upon the expiration of that period, provided the trust itself complied with the perpetuities restrictions upon its creation. ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(The Law of Trusts and Charities Case Study Example | Topics and Well Written Essays - 5750 words, n.d.)
The Law of Trusts and Charities Case Study Example | Topics and Well Written Essays - 5750 words. Retrieved from
(The Law of Trusts and Charities Case Study Example | Topics and Well Written Essays - 5750 Words)
The Law of Trusts and Charities Case Study Example | Topics and Well Written Essays - 5750 Words.
“The Law of Trusts and Charities Case Study Example | Topics and Well Written Essays - 5750 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF The Law of Trusts and Charities

Trusts Law. Non-Charitable Purpose Trusts

...? Critically evaluate the rationale behind the rule that non-charitable purpose trusts are unenforceable; and consider critically the ways in which it has been suggested by academic commentators that such trusts could be valid and enforceable. - An Analysis Introduction The conventional observation is that non-charitable purpose trusts are void. In “Re Endacott”1, Lord Evershed M.R viewed that “a non-charitable trust under English law cannot be enforceable as it is not having ascertainable or quantifiable beneficiaries.” In “Bowman v. Secular Society”2, Lord Parker was of the view that “benefit to individuals should be an essential ingredient of a...
10 Pages(2500 words)Essay

Equity and Trusts Law

...the will he had explained to Muhammad that he wished that the £100,000 be held in trust for Ruth an old friend of his. He later on informed Karen that he had an illegitimate child named Katherine whom he wanted to be taken care of after he was gone. He asked Karen to be his administrator and Karen Obliged. Issues Whether the gifts were legitimate under the law Whether the widow Jane had any remedies available to her Law Applicable Will Act Maxims of Equity Resolution of Issues The law of equity states that equity seeks to deliver justice and not in halves. This means that where there is need for justice such will be given; no more or less. The courts have been...
3 Pages(750 words)Essay

Equity and Trusts Law ensure that his/her estate is settled as he/she would wish, on the other there must be certainty in the law. One empathises with Lord Wilberforce's view in Blathwayt v Barron Cawley [1976]11 since without such an approach the majority of trust instruments would fail when closely construed by the courts. However McKay has a point - if in order to ensure that the trust does not fail the court has to completely alter the intended outcome then most benefactors would rather the trust failed altogether. But the fact is that the majority of such benefactors are already dead. The courts are right to attempt to ensure that the identified beneficiaries are not deprived of...
5 Pages(1250 words)Essay

Law of Trusts

..."Law of Trusts" As a general principle law does not uphold purpose trusts. Trusts for charitable purposes are, however, a major exception. What counts as charitable is the source of a never ending supply of case law. A trust to be valid must have certainty of objects. However charitable trusts do not need to any identifiable beneficiary at all since the general overseeing of such trusts is the responsibility of Charity Commissioners, while the Attorney General is entrusted with the task of enforcing such a trust in court. A gift to...
10 Pages(2500 words)Essay

The Law of Trusts

...The Law of Trusts Answer: In order to Advise Tony and Nathan it is necessary to consider two of the maxims that operate closely together are ‘equity will not perfect an imperfect gift’ and ‘equity will not assist a volunteer’. It is a pithy way of stating that, where a trust is incompletely constituted or a gift is imperfectly made, equity will not give its remedy of specific performance to an intended beneficiary who is a volunteer, or to intended donee. It is also necessary to consider the Law of Property Act 1925 which specifies certain formalities relating to the declaration of trusts and the disposition of beneficial interests. A promise...
12 Pages(3000 words)Case Study

Law of trusts

...Order No 132764 PART ESSAY. QUESTION ADVISE TO TERESA (a) According to the law of trusts, Teresa is the trustee of a fund whose beneficiaries are her aunt's two children Austin 22 and Morris 15 they are not entitled to equal shares before the age of 25. Here Teresa is a trustee, meaning she holds the fund for the benefit of two children. This means that all the money accruing from this trustee whether directly or indirectly should go towards helping these children by providing for their needs like accommodation, food, clothing, education and other necessities they will require. In this case, Teresa should ensure that all the income accruing from various investments is well saved for the benefit of the children. The children being... the...
12 Pages(3000 words)Case Study

Law of Trusts

...1) Does charity remain a valuable legal concept for the UK in 2006 and for the future? I. Introduction The legal concept of charity back over 400 hundred years1 ago starting from the enactment of the Statute of Charitable Uses 1601, otherwise known as the Elizabethan 1 law.2 However, as with most old laws which have outlasted several generations, this law had become moot and academic although the concept of charities remains to be relevant to society. For purposes of understanding the concept of charity better, let us look into how the framers of the Elizabethan law define...
8 Pages(2000 words)Essay

The Law of Trusts

...The Law of Trusts In order for a trust to be validly created the three certainties must be present. First there must be certainty of intention1, certainty of subject matter2 and certainty of objects3. Having established that the three certainties need to be present to make the trust valid it is necessary to look at whether the declarations made by Margaret can be read as an intention to create a trust. For a trust to be fully constituted the intended separation between the legal and equitable title must have occurred. With an express trust where the owner of the property declares himself to be a trustee, the...
10 Pages(2500 words)Essay

Changes to the public benefit requirement under the Charities Act 2006 have transformed the law in the area of charitable trusts. Discuss

... Giving: The Art and Science of Philanthropy(Chicago: University of Chicago Press, 2006) Garner, B. A. Blacks Law Dictionary (St. Paul: West Group, 1999) Hudson, A. Understanding Equity & Trusts (London: Routledge, 2004) Hayton D.J. & Marshall O.R., Hayton & Marshall: Commentary and Cases on the Law of Trusts and Equitable Remedies (London: Sweet & Maxwell, 2005) Maudsley R.H. & Burn E.H., Maudsley & Burns Trust & Trustees: Cases and Materials (London: Butterworths, 2008) Office of the Third Sector, Charities Bill Background, [Accessed 26 December 2009] ... < Charities Act 2006> by Abstract The...
8 Pages(2000 words)Essay


...of an equitable interest. The legal and equitable estates had not been divided prior to the making of the security agreement.” 2 This qualifies the applicability of the requirement established in the law. Moreover it has been contended that The underlying policy was to :- a. prevent fraud by prohibiting oral hidden transfers of equitable interests under trusts and b. assist trustees by enabling them to identify the whereabouts of the equitable interest subsisting under a trust. 3 This indicates that even civil interactions among citizens state policy is to prevent prejudice, injury and fraud. That is made manifest by the measures embodied in law. It is the policy of...
14 Pages(3500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Case Study on topic The Law of Trusts and Charities for FREE!

Contact Us