Charities– Differences between charities, charitable trusts and private trusts

Dingle v Turner (1972)

Lord Cross: these privileges enjoyed by charitable trusts were of ‘two quite difference sorts’ – privileges as to their essential validity, and financial privileges through exemption from some forms of taxation

1 of 12

Morice v Bishop of Durham (1804)

For a trust to be valid it must have a human beneficiary by whom the trust can be enforced

2 of 12

Leahy v Attorney General of New South Wales (1959)

Viscount Simonds: ‘”a gift can be made to persons (including a corporation) but not to a purpose or an object”

3 of 12

Re Astor’s Settlement Trusts (1952)

Courts struck down private purpose trust benefitting: preservation of the independence of newspapers

4 of 12

Re Endacott (1960)

Courts struck down private purpose trust benefitting: the provision of some useful monument to myself

5 of 12

Re Shaw (1957)

Courts struck down private purpose trust promoting a new 40-letter alphabet

6 of 12

PAA 2009, s 2(3)

excepts from the rule gifts from one charity to another

7 of 12

Re Tyler (1891)

Here, T left £42,000 of stock to LMS, with condition that they were to maintain his family vault; if condition was broken, there was a gift over in favour of the BCS; the gift over did not render the gift void for perpetuity, even though it could con

8 of 12

Inheritance Tax Act 1984, ** 23 and 76

gifts to charities are exempt from inheritance tax

9 of 12

Income Tax Act 2007, ** 413-430

charities also benefit from Gift Aid donations, whereby the charity can reclaim the basic rate of tax on the gift

10 of 12

Local Government Finance Act 1988, s 43(5)

there is an 80% exemption from non-domestic rates on properties they occupy

11 of 12

Scott v National Trust (1998)

Walker J: some charities may even enjoy financial privileges; e.g. here, the trust, which was est’d by statute was a charity ‘whose special place in the affairs of the nation has been recognised by tax exemptions and reliefs going well beyond those a

12 of 12

Get Revising

Charities– Differences between charities, charitable trusts and private trusts

Other cards in this set

Card 2

Front

Back

Card 3

Front

Back

Card 4

Front

Back

Card 5

Front

Back

Comments

Similar Law resources: