Charitable trusts and non-charitable purpose trusts - Non-charitable purpose trusts and their limitations

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Overview

Distinguishing between charitable and non-charitable purpose trusts is essential for SQE1 FLK2 exam candidates. This area involves key principles of trust law like the beneficiary principle, the rule against perpetuities, and the public benefit requirement. Understanding these concepts is vital for navigating trust law in modern practice.

The Beneficiary Principle and Its Role

The beneficiary principle, as established in Morice v Bishop of Durham (1804), is central to trust law. It requires that a trust has identifiable beneficiaries who can enforce it. This principle provides several key functions:

  1. Enforceability: Ensures trustee accountability
  2. Certainty: Clarifies who benefits
  3. Prevention of Trustee Misconduct: Reduces misuse risks

Exceptions to the Beneficiary Principle

Although applied strictly, several exceptions appear:

  1. Charitable Trusts: Exempt due to their public benefit focus
  2. Statutory Exceptions: For instance, trusts for grave maintenance
  3. Anomalous Exceptions: Such as trusts for animal care (Re Dean 1889)

The Re Denley Exception

Re Denley's Trust Deed [1969] introduced an important exception, allowing trusts that offer tangible benefits to a specific group, even if labeled as purpose trusts. However, later cases like Re Lipinski's Will Trusts [1976] interpreted this narrowly.

The Rule Against Perpetuities and Non-Charitable Purpose Trusts

The rule against perpetuities restricts non-charitable purpose trusts' duration, ensuring property remains transferable. The Perpetuities and Accumulations Act 2009 made key updates:

  1. Abolished the rule for new trusts, except certain types
  2. Set a 125-year limit for non-charitable purpose trusts

This timeframe allows flexibility but requires precise drafting to meet trust goals.

Charitable Trusts: Legal Structure and Public Benefit

Charitable trusts receive legal benefits but must meet strict criteria:

Defining Charitable Purposes

The Charities Act 2011 offers a definition that includes:

  1. Alleviating poverty
  2. Advancing education
  3. Advancing religion
  4. Promoting health
  5. Supporting arts, culture, heritage, or science

The Public Benefit Requirement

Charitable trusts must show public benefit with two aspects:

  1. Benefit: Must provide genuine public advantage
  2. Public: Must be accessible to a broad public segment

Recent cases like R (Independent Schools Council) v Charity Commission [2011] have clarified this.

Cy-Près Doctrine

This doctrine allows charitable trust modifications when original goals become unfeasible. It is codified in the Charities Act 2011, s.62.

Comparing Charitable and Non-Charitable Purpose Trusts

Key differences include:

  1. Legal Standing: Charitable trusts have wider recognition
  2. Duration: Non-charitable trusts face a 125-year limit; charitable ones can last indefinitely
  3. Enforcement: Charitable trusts are enforceable by the Attorney General or Charity Commission
  4. Tax Benefits: Charitable trusts enjoy various tax reliefs

Practical Applications and Examples

Example 1: The Community Sports Ground

A trust to maintain a sports ground "for local residents" may fit the Re Denley exception but needs careful drafting for perpetuity issues. Reframing as a charitable trust for amateur sport could strengthen it.

Example 2: The Family Heritage Trust

A trust to preserve a family estate for descendants might fail as a non-charitable trust. Transforming it into a charitable trust for heritage or creating a hybrid structure are options.

Example 3: The Environmental Research Fund

A trust for "research into environmental protection methods" might qualify as charitable for environmental advancement. Considerations include ensuring public benefit and clear governance.

Conclusion

The rules governing charitable and non-charitable purpose trusts are intricate and ever-changing. Key points for candidates include:

  1. The importance and exceptions of the beneficiary principle
  2. The 125-year limit for non-charitable purpose trusts
  3. The statutory definition and public benefit requirement for charitable purposes
  4. The cy-près doctrine for modifying charitable trusts
  5. Strategies for converting non-charitable trusts to charitable ones

Mastering these principles is crucial for trust law practice and success in the SQE1 FLK2 exam.