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Private Purpose Trusts Notes

GDL Law Notes > GDL Equity and Trusts Notes

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A more recent version of these Private Purpose Trusts notes – written by Cambridge/Bpp/College Of Law students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our GDL Equity and Trusts Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Revision: Equity

[PRIVATE PURPOSE TRUSTS]

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Trusts created for private purposes: anomalous exceptions

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There are also public purpose trusts (Charitable trusts)

The Beneficiary principle

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"Certainty of Object" - one of the three certainties, requires that the object be human or have a legal identity: the "beneficiary principle"

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Morice v Bishop of Durham: 'there must be someone in whose favour the court can decree performance' o

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Here the trust failed, as there were no ascertainable beneficiaries to enforce the trust

Re Astor's Settlement: The need for a beneficiary is due to the obligatory nature of the trust - if trustees are to be obligated, then there must be someone who can enforce their equitable right

Trusts without an ascertainable beneficiary

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Re Astor's Settlement: Settlor established a discretionary trust for a variety of purposes - e.g. 'sympathy and co-operation between nations' - the court was unhappy with the concept of large sums of money being used for purposes over which the court had no control

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Leahy v AG for New South Wales: trust for general religious purposes (abstract purpose - outside beneficiary principle)

Exceptions to the beneficiary principle for testamentary trusts

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Instances where the beneficiary principle doesn't seem to exist and where a trust is permitted without a human beneficiary

The Re Endacott exceptions:

1. Trusts can be established for particular animals

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Pettinghall v Pettinghall: trust of PS50 a year for the upkeep of the testator's favourite black mare

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Re Dean: 'Maintenance of (my) horses and hounds'

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Springfield: to ensure 'My Cat, Nicholas lives in the style of which he has become accustomed; his bed lined with my nightgown

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Requirements: 1

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