Purpose trusts
Different to express trusts, purpose trusts don’t intend distribution of the e.g. monument.it
is about the purpose not the distribution. However, it is a type of express trust.
Concept principle cases evaluation: the beneficiary principle; its important that there are
beneficiaries.
Equity does not like purpose trusts,
Charitable; allowed charities for its purposes, they are an exception a purpose allowed
without beneficiary.
Charitable cases:
Dingle v Turner 1972 A.C.601-“paying pensionto poor employees of Dingle and Co
Ltd” Oppenheim v Tobacco Securities Trust Co. (1951)
A.C. 297- “for providing for the education of children of employees or former
employees of the British American Tobacoo Co. Ltd” (110,000 employees)
Traditional beneficiary principle:
Morice v Bishop of Durhum 1804
You can have a trust or a gift in relation to charitable trust
Cases:
Re Astor’s settlement Trusts 1952
Re Shaw 1957
Re Endacott 1960
Re Osoba 1979
Different to express trusts, purpose trusts don’t intend distribution of the e.g. monument.it
is about the purpose not the distribution. However, it is a type of express trust.
Concept principle cases evaluation: the beneficiary principle; its important that there are
beneficiaries.
Equity does not like purpose trusts,
Charitable; allowed charities for its purposes, they are an exception a purpose allowed
without beneficiary.
Charitable cases:
Dingle v Turner 1972 A.C.601-“paying pensionto poor employees of Dingle and Co
Ltd” Oppenheim v Tobacco Securities Trust Co. (1951)
A.C. 297- “for providing for the education of children of employees or former
employees of the British American Tobacoo Co. Ltd” (110,000 employees)
Traditional beneficiary principle:
Morice v Bishop of Durhum 1804
You can have a trust or a gift in relation to charitable trust
Cases:
Re Astor’s settlement Trusts 1952
Re Shaw 1957
Re Endacott 1960
Re Osoba 1979
