Charities Trusts Organisation Essay - Free Law Essay.
Equity and trusts problem question (1500 words) This scenario relates to the purported creation of a trust. We are told that Michael has said to his daughter that “I promise to transfer to you within the year certain property”. The first issue to determine is whether this is sufficient to create a trust.
The law relating to charities is a subject in itself, separate from the ordinary law of trusts and commanding its own distinct treatment in the practitioners’ treatises and in textbooks. 1 The law relating to charities does not itself conform neatly with the law on express trusts which we have already considered in Part 2.
Oppenheim V Tobacco Securities Trust Law Trusts Essay. The subject matter of this case study is that of a charitable trust. The purpose of which is the advancement of education.
However, aside its common law role of creating a strong case against people abusing trusts, the beneficiary principle has been challenged on so many equitable grounds which has seen the formation of non-charitable purpose trusts as stated in Re-Denley.
The Upper Tribunal (Tax and Chancery Chamber) has confirmed, in its decision on the Attorney General's second charity law reference, that trusts for the relief of poverty among a restricted pool of beneficiaries defined by a relationship to an individual or an employer, or membership of an unincorporated association, can satisfy the public benefit test and so are capable of being charitable.
Trial in Due Course of Law Article 38.1, Constitution 'no person shall be tried on any criminal charge save in due course of law' Article 6, ECHR In the determination of his civil rights or obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.
Basically a brief historically overview of how the heads of charitable trusts have developed since the Pemsel case. Explain how the public benefit test is effectively a two staged test; first there is the need to show that a trust is 'for the public benefit', and then it must be shown that the benefit is not too restrictive, ie there is no personal or contractual nexus involved in the benefit.