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Questions and Answers
According to the beneficiary principle, a trust must be for the benefit of
According to the beneficiary principle, a trust must be for the benefit of
Which of the following is NOT a non-human beneficiary mentioned in the text?
Which of the following is NOT a non-human beneficiary mentioned in the text?
What is the reason behind the beneficiary principle?
What is the reason behind the beneficiary principle?
Which case held that a trust for the provision of a recreation or sports ground, for the benefit of an ascertainable class, is generally outside the beneficiary principle?
Which case held that a trust for the provision of a recreation or sports ground, for the benefit of an ascertainable class, is generally outside the beneficiary principle?
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In which circumstances may it be held that there is no trust and the matter is one of contract?
In which circumstances may it be held that there is no trust and the matter is one of contract?
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What are the exceptions to the beneficiary principle known as?
What are the exceptions to the beneficiary principle known as?
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Which group of exceptions to the beneficiary principle includes trusts for the erection or maintenance of monuments or graves?
Which group of exceptions to the beneficiary principle includes trusts for the erection or maintenance of monuments or graves?
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Which type of trust is generally thought to have been unaffected by the Perpetuities and Accumulations Act 1964?
Which type of trust is generally thought to have been unaffected by the Perpetuities and Accumulations Act 1964?
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Which of the following is true about trusts for the saying of masses?
Which of the following is true about trusts for the saying of masses?
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Which type of trust is considered charitable?
Which type of trust is considered charitable?
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What did Clauson J do in the case of Re Thompson?
What did Clauson J do in the case of Re Thompson?
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What is the principle applied in Re Denley’s Trust Deed?
What is the principle applied in Re Denley’s Trust Deed?
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What did Vinelott J stress in Re Grant’s Will Trusts?
What did Vinelott J stress in Re Grant’s Will Trusts?
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According to Lewison J in Hanchett-Stamford v A-G, what is the thread running through the cases?
According to Lewison J in Hanchett-Stamford v A-G, what is the thread running through the cases?
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In what situation must an association cease to exist according to the text?
In what situation must an association cease to exist according to the text?
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What is the purpose of providing a receipt by the treasurer or other proper officer of the recipient society for a legacy to the society?
What is the purpose of providing a receipt by the treasurer or other proper officer of the recipient society for a legacy to the society?
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Which construction of a gift to an unincorporated association would fail for the want of a beneficiary?
Which construction of a gift to an unincorporated association would fail for the want of a beneficiary?
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What happens to the share of an individual member who is beneficially entitled to a gift but cannot claim to be paid out?
What happens to the share of an individual member who is beneficially entitled to a gift but cannot claim to be paid out?
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What construction of a gift to an association would be valid if the society is still in existence?
What construction of a gift to an association would be valid if the society is still in existence?
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Study Notes
Exceptions to the Beneficiary Principle in Trust Law
- The beneficiary principle states that a trust must be for the benefit of individuals, except for charitable trusts.
- The beneficiary principle is based on the idea that a trust should be enforceable and controllable by the court.
- There are situations where the beneficiary principle does not apply, such as when the trust is for the benefit of an ascertainable class.
- In Re Denley's Trust Deed, the court held that a trust for the provision of a recreation or sports ground, benefiting an ascertainable class, was valid.
- Some situations may be considered contractual rather than trust arrangements, such as when funds are contributed to a treasurer with a mandate to use them in a particular way.
- There are exceptions to the beneficiary principle, known as unenforceable trusts or trusts of imperfect obligation, which arise under wills.
- Trusts for the erection or maintenance of monuments or graves can be valid if they are part of a church or limited within the perpetuity period.
- Trusts for the saying of masses, if not charitable, may be valid unenforceable trusts if restricted to the perpetuity period.
- Trusts for the maintenance or benefit of animals in general or a class of animals are charitable, but trusts for specific animals may be valid unenforceable trusts if limited to the perpetuity period.
- Trusts for the benefit of unincorporated associations are valid if the purposes are charitable, but recent decisions suggest that non-charitable associations may no longer be considered an exception.
- Miscellaneous cases include trusts for specific purposes, such as the promotion and furtherance of fox hunting, which may be indirectly enforced by obtaining an undertaking from the trustee.
- Unenforceable trusts cannot be considered as valid powers, but a provision drafted as a power to appoint for a specific non-charitable purpose within the perpetuity period may be valid.
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Description
Test your knowledge on the enforceability of trusts and the rule against perpetuities with this quiz. Explore the concept of trust enforcement and understand the implications for residuary legatees.
