W301 UNIT 30-31b: Charitable trusts

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The W301 UNIT 30-31b: Charitable trusts mind map template covers the second part of charitable trust law, focusing on public benefit, exclusive charitable purposes, public appeals, cy-pres doctrine, and failure of charitable gifts. It includes 151 nodes across key branches such as 'Public benefit', 'Exclusively charitable', 'Public appeals', 'Cy-pres', and 'Failure of charitable gifts'. Key cases like Gilmour v Coats [1949], Oppenheim v Tobacco Securities Trust Co Ltd [1951], and Chichester Diocesan Fund and Board of Finance v Simpson [1941] are referenced. This template serves as a comprehensive cheat sheet for law students and practitioners studying the intricacies of charitable trusts.

Terms and Conditions

When to use this template

Law students preparing for W301 or similar equity and trusts courses.

Studying for a law exam on charitable trusts, specifically the second part covering public benefit and cy-pres.

Solicitors and legal advisors specializing in charity law.

Drafting a charitable trust deed and needing to ensure exclusive charitable purposes and avoid failure.

Charity trustees and fundraising managers.

Reviewing a failed public appeal and determining the disposition of surplus donations under cy-pres rules.

How to use this template

Step 1

Open and Explore Main Branches

Launch the .xmind file to navigate through the five core branches covering public benefit, appeals, and the cy-pres doctrine.

Step 2

Review Cases and Customize Content

Expand the 151 nodes to study key legal cases and personalize the map by adding your own notes or highlighting critical precedents.

Step 3

Export for Study and Sharing

Save your finalized charitable trusts mind map as a PDF, image, or outline to use as a comprehensive legal cheat sheet.

Frequently asked questions

What is the public benefit requirement for charitable trusts?

Charitable trusts must confer a tangible benefit on the public or a sufficiently large section. Cases like Gilmour v Coats [1949] show that unproven spiritual benefits (e.g., prayers of nuns) do not satisfy this test.

How does the 'exclusively charitable' rule work in AND/OR cases?

Trusts for 'charitable and benevolent' purposes are not exclusively charitable (Chichester Diocesan Fund v Simpson [1941]), but 'charitable or benevolent' may be read conjunctively as exclusively charitable (Re Best [1904]).

What happens to donations from a failed public appeal?

Identifiable donations are returned as resulting trust if the donor disclaims or does not respond; unidentifiable donations are applied cy-pres. Under s17 CA 2006, the appeal can include a statement to use cy-pres unless a 'relevant declaration' is made.

When does cy-pres apply to charitable gifts?

Cy-pres applies automatically for subsequent failure (gift becomes impossible after the disposition). For initial failure, it applies only if the settlor had a general charitable intent; otherwise, the gift fails.

How are gifts to charitable institutions that have ceased to exist treated?

Under Re Vernons WT [1972], if the institution continues in another form or its purpose is taken over, the gift may not fail. For charitable companies, the gift fails unless expressed for a purpose that continues.

What is the 'personal nexus test' in charitable trusts?

The personal nexus test, from Oppenheim v Tobacco Securities Trust Co Ltd [1951], applies to education and other heads: if the beneficiaries are defined by a personal relationship to the settlor, the trust may not be charitable.

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