Lecture 5: The Beneficiary Principle & Non-Charitable Trusts
General rule of beneficiary principle A trust generally needs human beneficiaries
unless it’s a charitable trust for a s trust for
purposes
It is a requirement that there must be an
ascertainable beneficiary or beneficiaries
for a trust to be valid
Purpose trust This trust has no beneficiaries but instead
exists for advancing a non-charitable
purpose of some kind.
Morice v Bishop of Durham The beneficiary principle requires that a
valid trust must have a beneficiary.
However, there are exceptions to this.
The exceptions include; monuments,
animals and masses.
Facts: Bishop of Durham created a trust and
the trust deed said the trust was for objects
that the trustee should approve in their
own absolute discretion
No conceptual certainty
Sit WilliamGrant- there can’t be a trust over
which the court can’t exercise control as an
uncontrollable disposition is ownership not
a trust.
Principle: private trusts need human
beneficiaries
Doesnt apply to charitable trusts
Monuments: the upkeep of monuments An upkeep for an individual monument or
and graves grave which is not part of the fabric of a
church is not charitable.
This is because the individual grave has no
public benefit, whereas the upkeep of a
church does.
Re Endacott Gift for ‘some useful memorial to myself’
was held void; the phrase ‘some useful
memorial’ being too broad and could go
beyond the meaning of a monument.
Animals Trusts for the support andupkeep of
animals in general may be charitable and
enforceable, such as
Re Denley’s trust deed
Gifts for specific animals: all the gifts were Pettingall v Pettingall 1842, Re Deab 1888,
held to be valid in the following cases Re Haines 1952, Re Kelly 1932 and Re
Howard 1908.
General rule of beneficiary principle A trust generally needs human beneficiaries
unless it’s a charitable trust for a s trust for
purposes
It is a requirement that there must be an
ascertainable beneficiary or beneficiaries
for a trust to be valid
Purpose trust This trust has no beneficiaries but instead
exists for advancing a non-charitable
purpose of some kind.
Morice v Bishop of Durham The beneficiary principle requires that a
valid trust must have a beneficiary.
However, there are exceptions to this.
The exceptions include; monuments,
animals and masses.
Facts: Bishop of Durham created a trust and
the trust deed said the trust was for objects
that the trustee should approve in their
own absolute discretion
No conceptual certainty
Sit WilliamGrant- there can’t be a trust over
which the court can’t exercise control as an
uncontrollable disposition is ownership not
a trust.
Principle: private trusts need human
beneficiaries
Doesnt apply to charitable trusts
Monuments: the upkeep of monuments An upkeep for an individual monument or
and graves grave which is not part of the fabric of a
church is not charitable.
This is because the individual grave has no
public benefit, whereas the upkeep of a
church does.
Re Endacott Gift for ‘some useful memorial to myself’
was held void; the phrase ‘some useful
memorial’ being too broad and could go
beyond the meaning of a monument.
Animals Trusts for the support andupkeep of
animals in general may be charitable and
enforceable, such as
Re Denley’s trust deed
Gifts for specific animals: all the gifts were Pettingall v Pettingall 1842, Re Deab 1888,
held to be valid in the following cases Re Haines 1952, Re Kelly 1932 and Re
Howard 1908.
