Turn on thread page Beta
    • Thread Starter
    Offline

    3
    ReputationRep:
    Hello, I have been given a problem question for equity and trusts law and I am so confused on how to approach the question or what even to include in it. I think it relates to a non-charitable private trust but I have no clue. Below is the question, I hope someone can help!


    Adam is 18 and is seriously ill.

    His friends are all impressed by the bravery with which he faces his illness.

    Tragically, in December 2017 his doctors tell him that he has perhaps only 12 months to live. His best friend, Ben, makes an appeal on social media to raise money so that Adam can fulfil as many as possible of the things on his ‘bucket list’ before he dies.

    Ben asks that donations be sent to him ‘for Adam – so that he can do all he wants to’. Within a month nearly £80,000 has been sent to Ben.*

    Before any of the money can be spent Adam falls ill with an unexpected complication and dies.

    Ben has no idea what to do with the money. Many of those who gave substantial donations, including David (who gave £5,000), are asking for their money back.

    Others, including Elena, who collected money by passing a collecting box around her hall of residence, suggest that the money should go to a medical research charity.

    Fiona, who organised a ‘Wantage Has Got Talent’ competition to raise money, suggests it should go to someone else in a similar position.

    Ben is then horrified to find that all of the money is claimed by Adam’s mother Cruella, as Adam’s next of kin, and the person entitled to all his property as he died intestate.
    *******
    Advise Ben.
    *******[It should be noted that the trust for Adam is not charitable, so the charitable principle of ‘cy-près’ cannot apply here.]
    Offline

    20
    ReputationRep:
    Have a look at Re Gillingham Bus Disaster Fund [1958].
    • Thread Starter
    Offline

    3
    ReputationRep:
    Thank you!
    Offline

    1
    ReputationRep:
    could Quistclose trusts apply here?
    Offline

    20
    ReputationRep:
    (Original post by targaryen16)
    could Quistclose trusts apply here?
    It might, but it is not the simple answer to this question. Focus should go to the basics, and then you can explore the esoteric. Remember the types of scenarios in which QT arises, and see how this scenario differs.
 
 
 
Reply
Submit reply
Turn on thread page Beta
Updated: March 6, 2018

University open days

  1. University of Bradford
    University-wide Postgraduate
    Wed, 25 Jul '18
  2. University of Buckingham
    Psychology Taster Tutorial Undergraduate
    Wed, 25 Jul '18
  3. Bournemouth University
    Clearing Campus Visit Undergraduate
    Wed, 1 Aug '18
Poll
How are you feeling in the run-up to Results Day 2018?

The Student Room, Get Revising and Marked by Teachers are trading names of The Student Room Group Ltd.

Register Number: 04666380 (England and Wales), VAT No. 806 8067 22 Registered Office: International House, Queens Road, Brighton, BN1 3XE

Write a reply...
Reply
Hide
Reputation gems: You get these gems as you gain rep from other members for making good contributions and giving helpful advice.