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Cover Equity & Trusts

6. Non-Charitable Purpose Trusts  

Paul S Davies and Graham Virgo

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses non-charitable purpose trusts and how they are generally considered as void because there are no ascertainable beneficiaries who are able to enforce the trust. There are a variety of mechanisms that can be adopted to implement a non-charitable purpose, including the use of fiduciary powers and the appointment of enforcers to enforce the trust. In exceptional cases, non-charitable purpose trusts can be considered valid, but only if it can be shown that the purpose directly or indirectly benefits ascertained individuals. Testamentary trusts for certain recognized purposes, such as for animals, may also be exceptionally recognized as valid, in which case, the trustees are not obliged, but have the option, to carry out the trust.


Cover An Introduction to the Law of Trusts

4. Promises to Make Trusts  

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. A settlor will generally want the trusts he makes to come into effect immediately. Sometimes, however, a settlor may plan to make a trust, but, despite being able to do so immediately, decide not actually to do so, perhaps because the circumstances are not quite right. Or he may not yet have the property that he plans to put on trust. In such cases, the settlor might want to bind himself to make the trust if and when things improve. This chapter looks at the ways in which settlors might go about making such commitments. One possibility is for the settlor to have a document drawn up containing the terms of his intended trust and saying that the trust is to come into effect on receipt of the property in question, and then to arrange for the property, when it materializes, to be sent directly to the trustee. A would-be settlor may also want positively to commit himself to make a trust of property when he gets it in the future by making a contract to that effect. The enforceability of contracts to make trusts and the unenforceability of covenants to make trusts for volunteers are discussed.


Cover The Law of Trusts

7. The beneficiary principle  

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter focuses on how the law enables a person to devote their property to the carrying out of purposes, while restricting the ways in which that can be done. The discussions cover the beneficiary principle and the invalidity of private purpose trusts; anomalous valid purpose trusts; the case of powers for purposes; an enforcer principle for the creation of a private purpose trust; specified benefit trusts aka Re Sanderson’s trusts, and the rule against perpetuities.