This raised the question whether the activities had sufficient educational or other value to be accepted as charitable. One of the aims of the Charities Act was to make charities more accountable for the benefits they receive.
It is possible that this might be regarded as a trust for the relief of poverty, in that it is for those in inner city schools. It appears that these are all acceptable and perfectly reasonable requirements and I would hasten to suggest that our own jurisdiction may be lead in the future to introduce similar statutory law.
There must be somebody in whose favour the Court can decree performance. Discuss the impact of the Charities Act In Re Eden it was determined that it is not necessary that all potential beneficiaries are known, but whether it is not possible to determine the range of potential beneficiaries on the date that the trust comes into being, i.
Word of wide import. Yet the definition of what exactly a charitable trust is not dealt with therefore leaving it up to the old law; however most of the criticism of charitable trust law was that the categories of the trust type were not flexible enough, leaving out groups such as Amnesty International.
The Millennium College applied for registration as a charity in and a decision was provided by the Charity Commission. A number of large charities have argued that the Bill should include such guidance, if not a strict definition of what benefits the public, in order to reduce uncertainty and enable charities and proposed charities to plan their work.
It must be clear what the Law essays on charity trusts are b. In the end, it will be a matter of judgement, although if the donor wishes to avoid these problems he cold amend the class limiting factors. The Commissioners considered the Peaceful Planet Workshops and experiential sessions provided by LiR and concluded that these workshops would not have the effect of improving the minds of the immediate participants by adding to their factual knowledge or competencies, abilities, skills or understanding of The Radiance Technique.
The fourth category of charity is the advancement of health, i. Does this mean that any minute benefits suffice or does the benefit have to be sufficient to be classed as a charity?
It was on these grounds that the trust failed. An enhanced regulatory role for the Charity Commission: Exclusively Charitable Finally a trust will only be charitable if one or more of its purposes are not charitable Virgo About this resource This Law essay was submitted to us by a student in order to help you with your studies.
A trust set up for the education of named children, for example, would not be charitable Re Compton Discuss how the Upper Tribunal confirmed that the Charity Commission Guidance on the public benefit requirement took too restrictive an approach to how public benefit was to be assessed in relation to fee-charging charities, such as public schools and hospitals.
Martin Hanbury and Martin: The College was not a traditional education organisation but disseminated information and research largely through electronic means and had a series of forums to which many people contributed. In particular they were concerned whether the information, services and educational programmes proposed and carried out by LiR on the science of meditation and peace education with particular focus on The Radiance Technique could be said to be for the advancement of education or other recognised charitable purpose for the benefit of the public.
This means that if it perfectly possible to establish a trust for the achievement of a purpose, provided that the purpose in law is regarded as charitable.
That is that it must not be able to go on indefinitely. First, charitable trusts may last in perpetuity because it is not contrary to public policy for the money to be permanently dedicated to a charitable purpose which is beneficial to the community and likewise a gift over from one charity to another, which could be triggered if the original charity should fail to observe some limitation placed on the use of the property by the donor, will not fail if it take effect outside the perpetuity period.
Trusts for the maintenance of particular animals such as in the case of Re Dean may also be held valid because there is the ability to establish certainty of object, being the animals. The key case is Oppenheim v Tobacco Securities Co. Public Benefit In order to be charitable, the objects of a trust must be for the benefit of a section of the public.
Here — widows and orphans. To conclude, I suggest that the court should do all that it can to interpret a purpose trust, which does not satisfy the requirement of a charitable trust, as a valid trust. The Charity Commission has also issued guidance on the public benefit requirement.
However, it must be noted that this discretion would have to be exercised strictly so as to prevent the validating of limitless heads of non-charitable purpose trusts.
The advancement of environmental protection now brings in the ambit of Greenpeace and the WWF into their own category, which is the ninth category of charities.The requirements for the creation of a valid charitable trust for the advancement of education A valid charitable trust must be for a charitable purpose as recognised by the law, must be for a recognised public benefit and must be exclusively charitable (Hudson ).
This essay has been submitted by a law student. This is not an example of the work written by our professional essay writers. An overview of charitable trusts: Charities Bill Charities form an unique category as they are public trusts which don’t have any beneficiaries.
Charities must use the charity’s property for a “charitable purpose” which must be for the benefit of. To what extent should the law recognise non-charitable purpose trusts? Essay Sample Non-charitable purpose trusts can be defined as ‘private trusts intended to benefit purposes rather than beneficiaries’.
McDonald & Street: Equity & Trusts Law Concentrate 4e Chapter 6: Outline answers to essay questions. Critically discuss the impact of the Charities Act on the public benefit requirement.
the decision in Attorney-General v Charity Commission for England and Wales and others. Home > Commercial Law. Question: Charitable trusts Answer: For this assignment I will focus on charitable trusts, what gives them charitable status?
It will be noted that the jurisdiction dates back to Tudor England and still provides the definition for charity. I will address both the tax and trusts law which fall within this spectrum and certain Acts by law that need to be adhered to.Download