In which scenario might a court enforce a trust for a non-charitable purpose, even if it is an imperfect obligation?
Understand the Problem
The question concerns the circumstances under which a court may enforce a trust for a non-charitable purpose, even if it's an imperfect obligation (meaning it lacks a specific human beneficiary who can enforce it). The question is asking to identify which of the listed scenarios would lead a court to enforce such a trust.
Answer
When an undertaking is breached or a fund is misapplied, residue legatees can apply to the court for enforcement.
A court might enforce a trust for a non-charitable purpose, even if it is an imperfect obligation, if an undertaking is breached or the fund is misapplied. This enforcement is typically initiated by residuary legatees applying to the court.
Answer for screen readers
A court might enforce a trust for a non-charitable purpose, even if it is an imperfect obligation, if an undertaking is breached or the fund is misapplied. This enforcement is typically initiated by residuary legatees applying to the court.
More Information
Trusts for non-charitable purposes often struggle with enforcement because there isn't a specific beneficiary to ensure the trustee fulfills their obligations. However, courts may step in under certain circumstances.
Tips
A common mistake is assuming that all non-charitable purpose trusts are unenforceable. While many are, specific circumstances allow for court intervention.
Sources
- 7. Non-Charitable Purpose Trusts | Law Trove - oxfordlawtrove.com
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