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"To what extent should the law recognise non-charitable purpose trusts?"

Date Submitted: 07/11/2002 04:46:09
Length: 5 pages (1458 words)
Views: 121267

Non-charitable purpose trusts can be defined as 'private trusts intended to benefit purposes rather than beneficiaries' . If the certainty of object is not qualified, then the trust usually fails because it is 'administratively unworkable', this is often the case therefore for trusts which are merely established for a particular purpose rather than for a specified human beneficiary. Purpose trusts have been established and largely defined in case law, namely Re Astor's Settlement Trust [1952] . An inter …

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…trust is without a beneficiary and therefore has no legal person to enforce the trust, it should fall to the courts to create such a body that could operate and supervise the trust in these types of circumstances. All of these provisions could be presented in a statutory instrument which would finally give clarification to the law surrounding non-charitable purpose trusts and would hopefully satisfy the wishes of more settlors and subsequently benefit more receivers.

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