• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

There are two types of trusts , private and public trusts. A private trust is for the benefit of an individual or class which are enforceable by the beneficiaries. A public trust is a charitable trust and is the relevant trust to this assignment. A ch...

Extracts from this document...

Introduction

There are two types of trusts , private and public trusts. A private trust is for the benefit of an individual or class which are enforceable by the beneficiaries. A public trust is a charitable trust and is the relevant trust to this assignment. A charitable trust is a valid purpose trust. This means that it is perfectly possible to establish a trust for the achievement of a purpose, provided that the purpose in law is regarded as charitable. On the question of enforcement, it matters not that there is no human beneficiary capable of enforcing the trust because the Crown act as parens patriae through the Attorney General in order to ensure that the trustees carry out the terms of the trust. The trustees may be individuals but are more likely to be a corporate body. Although there is no one definition of charity, it is usually accepted that before any institution can be accepted as charitable three conditions must be fulfilled. Firstly, the purpose of the institution must be within the spirit and intendment of the preamble to the Charitable Uses Act 1601. Secondly, the institution must exist for the benefit of the public and, thirdly, it must be exclusively charitable (must no be profit-distributing). The preamble to the Statute of Elizabeth 1 listed objects, which were, and are deemed charitable. Therefore, "the relief of the aged, impotent and poor people, the maintenance of sick and maimed soldiers and mariners, school of learning, free schools and schools in universities, the repair of bridges, pots, havens, causeways, churches.....are all charitable." ...read more.

Middle

The court may settle the question in the light of its own judicial knowledge. The advancement of religion is also a charitable purpose, which was not mentioned in the preamble, the nearest approach to it being 'the repair of churches'. Nevertheless the purpose of preamble was to demonstrate charitable purposes rather than draw up an exhaustive definition of charity. According to Lord Hanworth M.R the advancement of religion meant "the promotion of spiritual teaching in a wide sense, and the maintenance of the doctrines on which it rests, and the observations that serve to promote and manifest it"25. The subject of what constitutes religion has been significantly altered over the time. The case law in this area shows that a number of non-mainstream religions have gained charitable status. Two trusts associated with the Unification Church have registered charitable, as has a trust for the publication of the works of Joanna Southcote26. Similarly with regard to organisations which exist for the advancement of religion, such as the Church Army27, the Salvation Army28, the Church Missionary Society29, the Society for the Propagation of the Gospel in Foreign parts30, the Sunday School Association and the Protestant Alliance31. Outside the Christian religion, trusts for the advancement of the Jewish religion are undoubtedly charitable. Furthermore the Charity Commissioners have registered trusts for the advancement of the Hindu, Sikh, Islamic and Buddhist religions. Recently in Funnel v Stewart32 a faith healing movement was awarded charitable status, which Fletcher describes as 'a danger of the language of charity being stretched too far in pursuit of benignancy'33. ...read more.

Conclusion

Moreover the purpose of a rifle or pistol club which was once charitable has now ceased to be charitable. While it remains true that not every object beneficial to the community is necessarily charitable, it would be seen that the courts have in modern times adopted a broad approach to the preamble. This broad approach has allowed the concept of charity to evolve as the needs of society have changed. For instance charities for the advancement of education cover physical as well as mental education. Religion has been extended to cover spiritualists and the fourth head has been extended to a very wide range of bodies,45 which have been established in response to new public needs46. Recently there have been proposals for the definition of charity to cover the unemployed and regeneration of communities'47. It would appear that the judiciary may have been influenced to a certain extent when deciding subsequent cases. This may be due to the changing social ideas and policies, which have been mentioned above. Therefore, it seems that the approach that has been taken by the judiciary will mean that more purposes will obtain charitable status, as it seems that a trust will be considered charitable if a judge or a charity commissioner thinks that it accords with contemporary social ideas and policy on public good. However the courts have adopted an approach to referring back to the preamble when ever classifying whether or not a particular purpose is charitable or not in law. The result, in Lord Upjohn's words, is that 'the spirit and the intendment of the preamble to the Statute of Elizabeth have been stretched almost to breaking point'48. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related GCSE Law essays

  1. Marked by a teacher

    Law of Evidence - R v Kearley

    5 star(s)

    It is submitted, that the layman19 would accord the disputed evidence a high probative value leading towards the conclusion that the defendant was a drug dealer. Further, a point made by Spencer20 is that people are more likely to try and buy a product from someone who makes a habit of selling it, than someone who does not.

  2. Marked by a teacher

    Law - Resulting trusts

    4 star(s)

    has made a blunder or failed to dispose of that which he has set out to dispose of' More recently than the Westdutche case, Lord Millet has decided to come up with his own approach: "Like a constructive trust, a resulting trust arises by operation of law, although unlike a constructive trust it gives effect to intention.

  1. Criminal Law (Offences against the person) - revision notes

    Even when the defence can be used (specific crime) it is unjustifiably inconsistent E.g. Murder --> Involuntary manslaughter Mandatory life--> Maximum life Robbery --> Acquittal Maximum life --> Acquittal 4. The defence makes no distinction between the person who becomes intoxicated and the person who sets out to become

  2. Explain the need for discipline in at least two public services. Analyse the role ...

    In Article 3 of the Geneva it states the following: To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons: (a) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b)

  1. Our Day Out and social deprivation.

    He is a traditional teacher of the "old school", with rigorous views of discipline, standards, uniform, appropriate behaviour and hard work. He is not used to dealing with pupils in the Progress Class and does not really know how to cope with them.

  2. The Law Relating to Negotiable Instruments

    A bill will be dishonored if the drawee in case of need also refuses to accept or pay after acceptance. Effect of Dishonor When a negotiable instrument is dishonored, the holder i. Becomes entitled to file a suit for the recovery of the amount due from the parties liable to pay.

  1. It is a matter of record there is no such thing as a right ...

    Again the court affirmed the pre Human Rights Act of a successful claim in breach of confidence: (a) that the information is confidential (b) there was an obligation of confidence (c) that the publication of the information was detriment to the claimant.

  2. In order to analyse the differing approaches, concerning formalities and incompletely constituted trusts within ...

    Another important maxim is Equity will not perfect an imperfect gift. Unless consideration is given, an undertaking to give something is unenforceable. In the case of a trust, if a settlor arranged for a trustee to hold property for a beneficiary, the settlor must do everything in his power to

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work