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Purpose Trusts (Private (Justifications, Consideration, Rejection (No one…
Purpose Trusts
Private
Justifications
Problem
No HUMAN beneficiary
Breaks the rule of perpetuity
Failure
Resulting trust back to residuary legalee
Consideration
Rejection
No one to bring trustee to Court - Morice v Bishop of Durham
Group to large - R v District Auditor ex p Yorkshire
Public
Upheld
EDUCATION
RELIGION
OTHER
POVERTY
Req
Charitable - S.3(1) CA 2011
Public Benefit - S.4 CA 2011
Ces Pres - S.18 CA 2011
Problems - Re Lysaght
Gilmore v Coats - Inappropriate to justify by way of 'spiritual benefit' since held non-justifiable
Gordon (2007) - Cannot be justified by way of giving effect to testator's intention
Arises
Surplus Funds
Unworkability
Woundup
Original purpose now not charitable