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What is a charitable trust?
Can a public trust be considered a charity?
Are charitable trusts valid purpose trusts?
What is the law on charitable trusts?
Charitable trusts in English law are a form of express trust dedicated to charitable goals. There are various advantages to charitable trust status, including exemption from most forms of tax and freedom for the trustees not found in other types of English trusts.
A trust where the trustees may only use income or capital to benefit charities or purposes that are recognised as charitable in law (see Practice note, What is a charity?: What are charitable purposes? ). For further guidance, see Practice note, Charity legal structures and how to choose the right one for your client: Charitable trust.
Aug 14, 2019 · A Charitable trust is a trust for a purpose, but where the purpose is regarded as sufficiently beneficial to the community at large to warrant acceptance of validity. 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.
Charitable trusts. AIMS AND OBJECTIVES. By the end of this chapter you should be able to: appreciate the privileges enjoyed by charitable trusts. define a charity within the new Charities Act 2011. recognise a charitable purpose within the Charities Act 2011. understand the cy-près doctrine.
Abstract. This chapter examines charitable trusts in England. It discusses the advantages and disadvantages of recognizing a charitable trust and explains the conditions that must be met in order for a trust to be considered charitable.
- Graham Virgo
Charitable trusts. Pension and investment trusts. Formation of imposed trusts. Resulting trusts. Constructive trusts. Content. Administration. Duty of loyalty. Duty of care. Purposes and discretion. Breach and remedies. Remedies against trustees. Tracing. Liability for receipt. Dishonest assistance. Theory. See also. Notes. References.
In England, Parliament introduced the ‘necessary interest rule’ through the enactment of section 115 of the Charities Act 2011 (England and Wales), allowing ‘any person interested’ in a charitable trust to initiate charity proceedings against defaulting trustees in their administration of charitable assets.
