Re Scarisbrick
A trust for the relief of poverty among a testator's relatives is charitable, as long as it is a trust for the relief of poverty among a class, rather than a gift to particular individuals.
Facts
A testatrix left half her residuary estate on trust for such relations of her son and daughters as in the opinion of the survivor of them shall be in needy circumstances. The question was whether the trust was charitable, so that it could escape the rule against perpetuities.
Legal principle
The Court of Appeal held that the trust was charitable. Jenkins LJ said that a trust for the relief of poverty among a class of relatives is charitable, even though the beneficiaries are linked by a family relationship, as long as the trust is for the relief of poverty among a class of persons, rather than a gift to particular individuals in need. The poor relations cases were an established exception to the requirement of public benefit.
Related cases on charitable trusts
- Chichester Diocesan Fund and Board of Finance Inc v Simpson [1944] AC 341
- Re Compton [1945] Ch 123
- Dingle v Turner [1972] AC 601
- Re Finger's Will Trusts [1972] Ch 286
- Gilmour v Coats [1949] AC 426
- Re Harwood [1936] Ch 285
- Re Hetherington [1990] Ch 1
- Income Tax Special Purposes Commissioners v Pemsel [1891] AC 531
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