Non Charitable Trusts Are Purpose Trusts Charitable?
Date Submitted: 02/26/2004 06:03:37
Non-Charitable trusts are a quandary in English law. A Testator can leave property or money to a human being in the normal trust sense, and can donate to a charitable organisation. However he cannot if he chooses, donate money for the upkeep of a family pet. Other world jurisdictions such as the Cayman Islands, Bermuda and closer to home, Jersey and Isle of Man allow this, but UK law doe not.
The concept of a
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asking B to devote the income from the assets to a particular purpose. No trust is intended. Is the transfer to be invalid even if B may fail to fulfil the transferor's wishes? Probably not. Altogether an unsatisfactory position. This is even without considering how a company or foundation may be used. The most satisfactory way to solve this dilemma is to find someone who could be given the enforcement powers usually associated with beneficiaries.
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