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Answering EQ T11 Charitable Trusts
A Coggle Diagram about
What if the trust has mixed charitable and non charitable purpose? p7 ,
What is public benefit? Has to be worth something of value to the public,
Charitable Trusts (
- Charitable / public trust - enfit of general public; supervised by courts and AGs
,
- Can exist indefinitely: not subject to 'rule against indesrucatible trusts; are subject ot rule against perpetuites (Monds v Stockhouse)
,
- Courts inherent power to enforce and extensively vary charitble trusts: Commissioner of Stamp Duties (NSW) v Way (1951)
and
Express Trusts not for identified beneficiaries, cannot fail for administrative unworkablitiy),
How is a charity defined?,
Does it fall into the charitble purpose defintiton? Determined by analogy, gets more diificult over time to determine whether it falls into the spirit? Nto alwasy logical but and
Does it fall within the category and does it provide a public benefit? What is a public benefit?