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Equity & Trust Law

Question: “The present loose framework for the definition of charity enables the courts and the Charity Commissioners to develop the law in a way which is sensitive to the changing needs of society. The introduction of a statutory definition might put at risk the flexibility of the present law, which is perhaps its greatest strength.”

Assess the accuracy of this claim.

Answer: English law has, for a long time relied upon a judicial understanding of what charity is by looking at which activities previous...

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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.

Discuss.

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

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Question: Case Study Scenario
Arthur Wilson, who was the founder of the Swallow‘s Bank, has recently died. He has provided for his family and wanted to leave some charitable gifts. His will contains the following provisions:

a) I give £50,000 to promote the music of the famous composer Benjamin Britten and to fund research into what links, if any, there are between his music and the great composers of the past.

b) I give £500,000 to my trustees to apply for the relief of ex-employees of Swallow‘s Bank and their families who may have come upon financial hard times.

c) I leave £1m to establish the George Mainwaring Centre for Alternative Medicine, which will provide comfort to patients and ease suffering. Patients should be charged, each according to their means.

d) I leave a further £500,000 to promote the playing of sport (e.g. cricket, football, snooker) amongst the youth of Walmington-on Sea, so that young people can come together, get fit and find a sense of community.

e) I leave £100,000 to promote and encourage kindness to animals.
Advise Arthur‘s executors as to the validity of these provisions as charitable gifts.

Answer: This problem question concerns the validity of charitable gifts. In 1891 Lord Macnaghten innovated charity law by providing a categorisation of the...

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Question: Geraldine has executed a trust deed in respect of part of her large fortune. She also made a Will six months before she died........Advise the potential beneficiaries in relation to the distribution of Geraldine's Estate, setting out the equitable principles and supporting your advice with authorities.

Answer: For me to advise the potential beneficiaries in relation to Geraldine’s estate, I will have to look at the equitable principles and...

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Question: Consider the special significance of fiduciary conflicts rules to law firms, taking account of recent cases in this area.

Answer: Firms of solicitors hold a close fiduciary relationship with their clients and are thus expected to abide to certain principles. This piece...

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Question: Should Fiscal and Trusts Law Privileges be separated?

Answer: ‘It has been contended on a number of recent occasions that the linking of fiscal and trusts law privileges to the same...

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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.

Discuss.

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

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Question: Q2. “The test for certainty of objects has not been applied with either consistency or coherence by the courts and needs to be revisited by the Supreme Court.”

Discuss with reference to the relevant case law.

Mark 65%

Answer: The certainty of objects is an important element in determining the validity of a trust. It relates strongly to the beneficiary principle-...

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Question: Compare the private trust, the trust of imperfect obligation and the charitable trust. What policy ends does the law aim to achieve by it’s different treatment of each of these trusts?

Answer: In order to make a comparison between private and charitable trusts it is necessary first to identify certain key elements. Firstly what...

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Question: ‘There is a great fear in our law that recognising a remedial constructive trust will give rise to an indiscriminate or unjustified variation of existing property rights.’ Discuss.

Answer: The topic concerning remedial constructive trusts in the UK law is complex due to the fact that remedial constructive trusts are a...

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