TRUST LAW PLEASE TAKE YOUR TIME AND DO ONLY IF YOU HAVE KNOWLEDGE

SEMINAR 5

CHARITABLE TRUSTS

Essential reading:

G. Watt, Trusts & Equity, 2 chp. 7

OR

G. Virgo, The Principles of Equity & Trustschp. 6

AND

Charities Act 2011, ss.1-4

The Independent Schools Council v The Charity Commission[2011] UKUT 421, athttps://www.gov.uk/tax-and-chancery-tribunal-decisions/the-independent-schools-council-v-the-charity-commission-for-england-and-wales-the-national-council-for-voluntary-organisations-hm-attorney-general-and-others-2011-ukut-421-tcc

Rahmatian, 'The continued relevance of the "poor relations" and the "poor employees" cases under the Charities Act 2006', Conv. (2009) 12-20

Recommended Additional Reading:

M. Synge, 'Independent Schools Council v Charity Commission for England and Wales [2011] UKUT 421 (TCC)' 75 Modern Law Review 4 (2012), pp. 624-639.

A. Dunn, 'The governance of philanthropy and the burden of regulating charitable foundations' Conv. (2012) 115.

Questions:

1. What are the requirements for a valid charitable trust?

2. Critically evaluate the "public benefit" requirement for a valid charitable trusts.

3. Consider the charitable status of the following dispositions:

(a) "10,000 to finance opposition to a proposed motorway through the Peak District which is regarded as an area of outstanding beauty."

(b) "30,000 to support the public school education of children of employees of the British Steel Corporation, with preference to families in needy circumstances."

(c) "50,000 to support a Marxist association in research designed to prove that God does not exist and in campaigning against religion."

(d) "20,000 to campaign for the abolition of torture and capital punishment"