Two Types of Trusts Essay

Two Types of Trusts Essay

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Two Types of Trusts 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 ma...


... middle of paper ...


...et v A-G [1981] 1 WLR

[36] R v Registrar General, ex parte Segerdal [1970] 2 QB 697

[37] Scottish Burial Reform and Cremation Society v Glasgow
Corporation [1968] AC 138

[38] Cracknell's Law relating to Charities, Longman, 2nd Ed. 1995

[39] Scottish Burial Reform and Cremation Society v Glasgow
Corporation [1968] AC 138

[40] Re Hopkins' Will Trusts (1965) Ch 669

[41] 3 All ER 918

[42] IRC v Braddeley [1955] AC 572

[43] Income Tax Special Purposes Commisioners v Pemsel [1891] AC 531

[44] Sachs LJ in Incorporated Council of law Reporting v Attorney
General [1971] All ER 1029

[45] A-G V Herzer,[1985] 2 All ER 263 ( the moonies case)

[46] Re Baynes [1944] 2 All ER 597

[47] Report 1981, p 24

[48] Scottish Burial Reform and Cremation Society v Glasgow
Corporation [1968] AC 138

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