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.

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何时使用此模板

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.

如何使用此模板

步骤 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.

步骤 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.

步骤 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.

常见问题

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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