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Words: | Submitted: Mon Jun 19 2006
... order to discuss the implications of charity law on the bequests in the will of Caesar, it is first necessary to analyse the difference between charitable and non-charitable purpose trusts. The principal distinction between the two types of trusts is that the former are valid and the majority of the latter are void. As a general rule, 'non-charitable purpose trusts are void however outward-looking and beneficial the purposes might be'1 and the courts tend to treat them with considerable reserve: "The objection [to non-charitable purpose trusts] is not that the trust is for a purpose or an object per se, but that there is no beneficiary or cestui que trust."2 In other words, 'a trustee must be subject to the supervision of a human beneficiary with a legal interest in performance of that duty.'3 However, there are a limited number of "troublesome, anomalous and aberrant"4 cases in which purpose trusts ...
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