Law essays on charity trusts

Charitable Trusts Essay Charitable trusts Charitable trusts are valid purpose trusts. 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. As far as charities are concerned, it is not important that there is o human beneficiary capable of enforcing the trust because the Attorney General may take action in respect of all charitable trusts subject to certain aspects of the perpetuity rule and may be of unlimited duration. Charitable trusts are distinguishable from private trusts in many ways.

Law essays on charity trusts

Charitable Trusts 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 Charitable Purpose Section 3 1 of the Charities Act recognises various chartable purpose recognised by law including trusts for the advancement of education.

Despite statutory intervention in this area, the old common law cases remain instructive Virgo The law takes a relatively broad interpretation of Law essays on charity trusts constitutes education and it extends to things like research Re Hopkins' Wills Trust [].

Public Benefit In order to be charitable, the objects of a trust must be for the benefit of a section of the public.

A trust set up for the education of named children, for example, would not be charitable Re Compton Before the enactment of the Charities Act there was a presumption of public benefit for charities for the advancement of education - this presumption has now been removed and all education charities must demonstrate public benefit Duddington The Act clarifies this by making specific reference to the fact that education charities must explicitly demonstrate public benefit.

However, it should be noted that Hackney has asserted that as the Act preserves the common law cases in this area, and those cases indicated that public benefit was presumed in education cases, then this presumption has survived the new statute.

Not what you're looking for? Charitable Trusts Essay Charitable trusts Charitable trusts are valid purpose trusts.
Trusts Law. Non-Charitable Purpose Trusts Essay The Charities Bill will have no significant effect on the meaning and ambit of the "definition" of charitable trusts - all charitable trusts are nothing more than concessions to human sentiment anyway'. In light of the above statement, critically discuss to what extent the Charities Bill will affect the law on charities.
Outline answers to essay questions Critically discuss the impact of the Charities Act on the public benefit requirement.
Commercial Law Essay | Charitable trusts | torosgazete.com In light of the above statement, critically discuss to what extent the Charities Bill will affect the law on charities. The Charities Bill CB main area of change has been in the categories of charitable trust which goes down to the heart of definition, but as Quint argues there is no guidance for the courts in what exactly a charitable trust is rather there are twelve categories for this type of trust to be part of.

The Charity Commission has also issued guidance on the public benefit requirement. For the Commission, there are two aspects to public benefit: There must be an identifiable benefit This requirement has three sub-requirements: It must be clear what the benefits are b.

The benefits must be related to the aims c. Benefits must be balanced against any harms ii. Benefit must be for the public or a section of the public a. The beneficiaries must be appropriate to the aims b. Where a benefit is to a section of the public, the benefit must not be unreasonably restricted by geographical or other restrictions or fees c.

People in poverty must not be excluded from the opportunity to benefit d. Any private benefits must be incidental The old common law is still instructive in this area.

The key case is Oppenheim v Tobacco Securities Co. Ltd [] in which it was held that a trust for the education of children of employees and ex-employees of British American Tobacco was no charitable as there was a personal nexus between the beneficiaries and the company. Exclusively Charitable Finally a trust will only be charitable if one or more of its purposes are not charitable Virgo The meaning given to 'education' and 'advancing education' in the Charity Commissioners decision of the application of Millennium College for registration as a charity.

The Millennium College applied for registration as a charity in and a decision was provided by the Charity Commission. 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 relation to the advancement of education the Commission took a broad approach. First, the advancement of education covers both formal educationwhich may arise through schools, colleges, universities and other educational institutions, and less formal education, which may arise in the community.

It covers training including vocational training and research in specific areas of study and expertise. It includes charities which promote the public's appreciation of the arts, by, for example, providing concerts, literary or theatrical performances which are of a sufficiently high standard to do so.

It also includes broader education in the development of individual capabilities, competencies, skills and understanding which may be undertaken in a less formal manner. Analyse why, on the basis of that decision, the Commission refused to grant charitable status to Living in Radiance Living in Radiance was established to advance the education of the public by providing information, services and educational programmes on the science of meditation and peace education, with particular focus on The Radiance Technique for the relief of suffering through releasing stress and for the creative and peaceful development of humanity.

The Commissioners considered that it was unclear whether the object set out in the Trust Deed was exclusively charitable. 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 raised the question whether the activities had sufficient educational or other value to be accepted as charitable. 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 Commissioners considered that the workshops were not sufficiently structured and did not have the appropriate level or quality of material to be capable of advancing education as understood in charity law.

It was noted that if the participants of the Peaceful Planet Workshops wished to study The Radiance Technique further, the teaching was not provided by LiR but these participants would be advised about individual appropriately qualified teachers.

Consequently, the application was rejected and charitable status was denied as LiR could not prove that their activity was for the advancement of education.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 ).

Law Essay - Charitable trusts are valid purpose trusts. A Charitable trust is a trust for a purpose, but where the purpose is regarded as sufficiently beneficial to the community. Question: It is time for the Charity Commission to be given a legislative definition of ‘charitable trust’ with which to work.

The current definition provides for anomalies and unfairness within the law.

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 Introduction. Charitable trusts are valid purpose trusts. A Charitable trust is a trust for a purpose, but where the purpose is regarded as sufficiently beneficial. 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 the benefit of the public Re Compton. Charities Trusts Law Essay. Law Essay Question 1: The Charities Bill will have no significant effect on the meaning and ambit of the "definition" of charitable trusts - all charitable trusts are nothing more than concessions to human sentiment anyway'. In light of the above statement, critically discuss to what extent the Charities Bill will affect the law on charities.

Discuss. Answer: The Charity Commission and the judiciary determine charitable status. The Charity Commission is a public body appointed by the Government.

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Charitable Trusts; Charitable Trusts.

Law essays on charity trusts

Public benefit has two senses: Political purposes – promotion of a change in the law is not charitable (unless ancillary) trust wanted to bring about peace in a specific way which would Related Essays: Poverty makes people suffer ;.

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