I just came back here to give you a huge thank for my 72 in my equity and trust essay. Honestly, without this video, I wouldn't even know what was the subject about. Thank you very very much Marcus!
Thank you very much for your useful videos Marcus!!!! I passed my equity and trusts law exam by looking at your videos one week before my exam and understood the tricky topics a whole lot better!! Charities is my favourite topic in equity and trusts law. ☺️☺️
Hey all, just thought I'd add that yes charitable trusts are an exception certainty of object. HOWEVER, there must be an EXCLUSIVELY charitable purpose. "For charity" is obviously exclusively for charity, how the funds will be applied is up to the court, this is because charity is seen as a "common pot". But if you get a question where it is not clear whether the purpose is necessarily charitable, it probably isn't exclusively charitable. In Morice v Bishop of Durham it was held that "objects of benevolence" was too wide to be synonymous with charity. The court found, in that case, that while "benevolence" could include some charitable purposes. It could also encompass non-charitable purposes. For example, putting up a garden shed for your grandad is benevolent, but not necessarily charitable. Ploughing pumpkins for your neighbor is benevolent (in good will), but not charitable. Giving money to orphans is benevolent and charitable. Thus, it is not exclusively charitable. Stipulating a clause saying "I give 50,000 to Nigel to provide for persons of a disadvantage". You may think, he obviously means poverty, and you're probably right. But the term "disadvantage" is too lose to strictly encompass charitable purposes such as giving to the homeless. Thus, a court will probably not see that as a charitable trust. Whilst "disadvantage" could certainly encompass charitable objects, it could encompass non-charitable objects too. So read Equity questions especially carefully.
marcuscleaver no pressure as iv watched all of you lectures and enjoyed every single one! My favourite was your lecture on EU democratic deficit. I found that to be very interesting!
I just want to say a thank you Marcus your vids have come in handy over the last few years with my degree, love your perspective and the way you deliver
Hi Marcus, great video, just one note. It is my understanding that there is still a public benefit requirement for the prevention or relief of poverty. In Re Scarisbrick (1951) Jenkins LJ made the distinction between a trust to benefit named poor relations (which he stated would equate to a private trust) and a trust to benefit unnamed poor relations (which he stated would equate to a public trust). This was again later defined in Re Segelman (1996) where, yes, a class of six named relatives and their descendants were allowed to be named as beneficiaries in a charitable trust, however, Chadwick J acknowledged that if this was a gift to individual family members it would not be allowed. In a sense, a group of 26 people (the amount of beneficiaries at the time of death) was held to be a large enough number to be seen as the 'public'. Obviously there is a lot of leniency surrounding the purpose of poverty, but do you not think it would be untrue to say that there is NO public benefit requirement for this purpose? I may be wrong, but from my research this is how I saw it. Look forward to your reply and keep making great content!
Marcus, just some feedback, charities came in such a way that your video was right on point. Thank you from the bottom of my heart. The issues in the question related to poverty, education and arts and culture which required a discussion of non allowance of politics. Also a discussion of cy Pres was relevant.
London association of spirtuliats where the object is to promote the belief and practices of spiritualism amongst residents of Greater London, would this be considered a charity?
Could you do videos on these before Friday please?!!!😘 Exam Topics: Nature of express private trusts ✔️ Equitable maxims ✔️ Standard of care ✔️ Trustees powers (maintenance and advancement, delegation) ✔️ Trustees duties ✔️ Trustees appointment ✔️ Ending trusteeship ✔️ Charitable trusts Non charitable purpose trusts Unincorporated associations Resulting trusts Setting aside & Variation of trusts Claims for breach of trust
quite a godsend because my trust exam is in 2 days >_< needed a refresher on the huge body of case law given how the purposes has expanded. You didn't mention in detail the problem of Re Scarisbrook with regards to the line of "poor relations trust" jurisprudence though. that's, at least to me, a very confusing area too. one which calls for debate especially when there is a public benefit test; it would not pass the public aspect of the public benefit test if not for the well-established line of cases
Marcus, thanks a lot for a great video!! Good job as usual! I was wondering whether you could do some videos on land law in near future? :) let's say on adverse possession, co-ownership 😁 pleeease 😄
This was really interesting ... thanks :-) Question for you please ... can you advise, if there is anywhere to go, that would be free of charge, where a director of a charity who suspect there is something untoward going on, regarding finances, to get some legal help? Bristol area :-) As I have great concerns about a charity of which I am a director of the board of trustees, and I believe the CEO of the charity, who also has his own company, and has not been very transparent with the finances, I have suspicions of things could be going on to profit himself. Could you advise please, thank you very much :-)
