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    Really confused so any help is really appreciated...

    If there is no nominated residuary beneficiary in a will, what happens to the residuary estate?

    If a trust has been used for its purpose and there is money left over what happens to that?

    If a trust is for the culling of animals what type of trust is that?- Charitable or non charitable?

    Thank you!
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    (Original post by lauramoore095)
    Really confused so any help is really appreciated...

    If there is no nominated residuary beneficiary in a will, what happens to the residuary estate?

    If a trust has been used for its purpose and there is money left over what happens to that?

    If a trust is for the culling of animals what type of trust is that?- Charitable or non charitable?

    Thank you!
    If there is no nominated beneficiary in a will, the property goes on bona vacantia to the State.

    It really depends what you mean here. Do you mean a trust like Air Jamaica v Charlton, where there is a trust to payout to employees, but once this purpose is completed there is a surplus? Or do you mean a charitable purpose trust where the purpose has been carried out and there is a surplus? In the former case, the money goes on a resulting trust back to the original donors. In the case of a charitable purpose trust, the property would likely go on bona vacantia to the State, but I'm not 100% sure about that one.

    A trust for the culling of animals would perhaps fall within the case of trusts of imperfect obligation, fitting into perhaps fox hunting under Re Thompson/Re Dean , but this category is extremely narrow and not to be extended (Re Endacott). If you wanted to argue it was charitable, it would depend why the animals are being culled. You could perhaps argue it came under s.3(1)(d) or (i) in the Charities Act 2011.

    Happy to help more if that doesn't fully answer your questions xo
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    (Original post by hotliketea)
    If there is no nominated beneficiary in a will, the property goes on bona vacantia to the State.

    It really depends what you mean here. Do you mean a trust like Air Jamaica v Charlton, where there is a trust to payout to employees, but once this purpose is completed there is a surplus? Or do you mean a charitable purpose trust where the purpose has been carried out and there is a surplus? In the former case, the money goes on a resulting trust back to the original donors. In the case of a charitable purpose trust, the property would likely go on bona vacantia to the State, but I'm not 100% sure about that one.

    A trust for the culling of animals would perhaps fall within the case of trusts of imperfect obligation, fitting into perhaps fox hunting under Re Thompson/Re Dean , but this category is extremely narrow and not to be extended (Re Endacott). If you wanted to argue it was charitable, it would depend why the animals are being culled. You could perhaps argue it came under s.3(1)(d) or (i) in the Charities Act 2011.

    Happy to help more if that doesn't fully answer your questions xo


    Ah thank you so much for your help!!! x
 
 
 
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