PGDL EQUITY AND TRUSTS EXAM
QUESTIONS AND CORRECT DETAILED
SOLUTIONS NEW MODIFIED EXAM
LATEST UPDATE
What does the government say on the topic of public benefit and
poverty?
'In these cases there is no separate consideration of the 'public' aspect'
What page/section is the second of the original Three Heads? What is
there a broad interpretation of and what are trusts involving two of
these like bodies normally?
- p.379, section b)
- 'education'
- Trusts involving schools and universities are usually
unproblematic
What case proves research has been considered in case law?
When will research be deemed valid for a charitable trust?
- McGovern And Others v. Attorney-general And Another [1982]
- (a) a useful subject of study
- (b) knowledge from research will be disseminated to others
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, - (c) the trust is for the benefit of the public, or a sufficiently
important section of the public.
Provide 3 other examples which considered what would be considered
under a charitable trust
- Re Duprees Deed Trusts [1945]- trust for the encouragement of
chess playing amongst boys /youths was upheld as being charitable -
IRC v McMullen (1989)- The provision of the facilities to schools and
universities required to play association football and other sports was
a charitable trust
- Re Mariette (1915)- A charitable trust was created to provide
sports facilities for youngsters at school.
What page/section is the final of the original Three Heads? What
section does it potentially overlap with?
- p.379, Section c)
- Overlap w/ section h)
Provide case example which discusses religion in a charitable trust
- Neville Estates Ltd v Madden and Others [1961]
- Religious observance open to the public- can be deemed as
somewhat beneficial
On what page /section is religion mentioned in more detail? What is
there regarding religion, what is recognised and what questions can be
raised?
Page 2 of 9
QUESTIONS AND CORRECT DETAILED
SOLUTIONS NEW MODIFIED EXAM
LATEST UPDATE
What does the government say on the topic of public benefit and
poverty?
'In these cases there is no separate consideration of the 'public' aspect'
What page/section is the second of the original Three Heads? What is
there a broad interpretation of and what are trusts involving two of
these like bodies normally?
- p.379, section b)
- 'education'
- Trusts involving schools and universities are usually
unproblematic
What case proves research has been considered in case law?
When will research be deemed valid for a charitable trust?
- McGovern And Others v. Attorney-general And Another [1982]
- (a) a useful subject of study
- (b) knowledge from research will be disseminated to others
Page 1 of 9
, - (c) the trust is for the benefit of the public, or a sufficiently
important section of the public.
Provide 3 other examples which considered what would be considered
under a charitable trust
- Re Duprees Deed Trusts [1945]- trust for the encouragement of
chess playing amongst boys /youths was upheld as being charitable -
IRC v McMullen (1989)- The provision of the facilities to schools and
universities required to play association football and other sports was
a charitable trust
- Re Mariette (1915)- A charitable trust was created to provide
sports facilities for youngsters at school.
What page/section is the final of the original Three Heads? What
section does it potentially overlap with?
- p.379, Section c)
- Overlap w/ section h)
Provide case example which discusses religion in a charitable trust
- Neville Estates Ltd v Madden and Others [1961]
- Religious observance open to the public- can be deemed as
somewhat beneficial
On what page /section is religion mentioned in more detail? What is
there regarding religion, what is recognised and what questions can be
raised?
Page 2 of 9
