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Charitable Trusts Notes

Law Notes > Trusts Notes

This is an extract of our Charitable Trusts document, which we sell as part of our Trusts Notes collection written by the top tier of Griffith University students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Trusts Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:















CHARITABLE
TRUSTS



















TRUSTS | PAGE 39 CHARITABLE TRUSTS

Charitable Trusts v Private Trusts
* Both:
o Created inter vivos or by a will
o Must satisfy certainty of intention and subject matter
o Trustees must comply with the same general duties * The difference:
o Object is a community or public benefit rather than a certain
beneficiary

Non--charitable purpose trusts:
* Trusts for non--charitable purposes fail because there is no beneficiary * Exceptions:
o Upkeep of tombs or animals
o Directly or indirectly for benefit of ascertainable beneficiaries
SS? Re Denley's Trust Deed * Gifts to unincorporated associations
o No separate legal status = no property
SS? S33(q) Succession Act Qld

Attorney--General (NSW) v Perpetual Trustee Co (Ltd)

"A charitable trust is a trust for a purpose, not for a person. The objects of
ordinary trusts are individuals, either named or answering a description,
whether presently or at some future time. To dispose of property for the
fulfillment of ends considered beneficial to the community is an entirely
different thing from creating equitable estates and interests and limiting them
to beneficiaries. In this fundamental distinction sufficient reason may be
found for many of the differences in treatment of charitable and ordinary
trusts" - (Dixon and Evatt JJ)

*





Attorney--General and Courts have an inherent jurisdiction to supervise
the operation of charitable trusts
o They can last indefinitely if they are structured correctly
o The trustees interest must vest in the perpetuity period
o Because courts have a jurisdiction to enforce charitable trusts,
they will almost always TRUSTS | PAGE 40

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