Equity and Trust Problem Question

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lilym1999
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This is a testamentary trust. It is a bequest. I have to figure out wether this can be valid. I have established it has a purpose for a charitable trust.

- this is the question

"£345,765 to the people of Kowle. The money is to be used for the purposes of educating them about Englands history. If this should be not be feasible, then the people of Kowle are to create an association/committee to decide on what cultural uses the moneys can be put to. "

please any help will be appreciated!
Last edited by lilym1999; 1 year ago
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rascal5599
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Hi Lily! I think you need to look at the conditions for a charitable trust to be valid as follows:

1. Falls under the definition of education under s.3 of Charities Act 2011 which was expanded by case law (Re Hopkins, Re Shaw, IRC v McMullen, Re Dupree's Deed Trusts, etc...)

2. must be for public benefit s.2(1)(b), as identified and supported by case law - it must be proven that there is no personal nexus between the settlor and those who will receive the benefit (IRC v McMullen) - the beneficiaries must be defined as a 'section of the community' (Oppenheimn v Tobacco Securities Trust)

I'm afraid I'm just as stuck as you on the issue of the association/committee but hope this was helpful, if you have since received an answer for the second part it would be helpful to know x
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lilym1999
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Hey! Thank you so much for your help! X

I have a question hoping if you would know, would you say there is a lack of uncertainty within the first half because there is no charity it is going to or it is administrative unworkable?

I think the cy press doctrine may need to apply in the second half however still not sure 😭
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rascal5599
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(Original post by lilym1999)
Hey! Thank you so much for your help! X

I have a question hoping if you would know, would you say there is a lack of uncertainty within the first half because there is no charity it is going to or it is administrative unworkable?

I think the cy press doctrine may need to apply in the second half however still not sure 😭
I don't think certainty is required in charitable trusts with regards to the money going to a specific charity... In Re Harding 'trust of people in Hackney' was allowed, I'm not 100% though

Absolutely doomed in my exam I think! 😅
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