Operation of the Charity in UK Law
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Re Tacon.; Public Trustee v Tacon
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: it is well established that in the case of a gift to a charity (that is, to some body of persons or organization admittedly charitable) where no general charitable intention is present, then (1) if the charity has ceased to exist before the Will comes into operation, the felt lapses; but (2) ii the charity is still in existence at the date mentioned, it is effective as a gift to the extent the interests of the next of kin (or of whoever else take in default of the charitable interest taking effect) are forever excluded notwithstanding the later dissolution or disappearance of the charity.
But the test of vagueness or uncertainty or impracticability is to be applied at the date of the Testator's death; if at that date the disposition is shown to be impracticable (confining myself henceforth to that case) – that is, incapable for any reason of practically initiated or administered then the gift fails altogether and the next-of-kin (or whoever else are entitled in default) take.
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Muman v Nagasena
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"Charity proceedings" are defined in section 33(8) as meaning proceedings in any court (so that includes the County Court) in England or Wales brought under the court's jurisdiction with respect to charities or brought under the court's jurisdiction with respect to trusts in relation to the administration of a trust for charitable purposes. That is to prevent charities from frittering away money subject to charitable trusts in pursuing litigation relating to internal disputes.
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Chichester Diocesan Fund & Board of Finance (Incorporated) v Simpson
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Most of the cases which have arisen have been due to a tendency on the part of testators to associate with the word "charitable" other words of vague import. The present is one of these. Here the bequest is in favour of "such charitable institution or institutions or other charitable or benevolent object or objects in England as my acting executors or executor may in their or his absolute discretion select".
To this salutary rule there is a single exception: a testator may validly leave it to his executors to determine what charitable objects shall benefit, so long as charitable and no other objects may benefit. For the Court knows what is charitable by reference to the preamble to the Statute of Elizabeth, to the objects there enumerated and all others which "by analogies are deemed within its spirit and intendment", but what is benevolent the Court knows not.
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Bayoumi v Women's Total Abstinence Union Ltd and Another
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It remains, however, to consider whether the agreement is made void by section 36(3). As I have said, earlier in this judgment, a contract into which, by virtue of section 36(3) of the Act, it was unlawful for the charity trustees to enter will, prima facie at least, be void for that reason.
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Reverend Berhanu Bisrat and Others v Archimandrite Aba Girma Kebede and Others
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I think one has to be careful of the use of the word "beneficiary" in this context. A charitable trust, as such, does not have beneficiaries in the same sense as beneficiaries under a private trust. No individual has any proprietary interest in the charity's assets and funds as such, but a person may become a beneficiary in a loose sense as an object of the charitable trust. The advancing of the Ethiopian Orthodox faith would, in one sense, embrace all those of that faith.
- THE PRIVATE LAW OF PUBLIC TRUSTS
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The Oxford Friends and Family Empowerment (OFAFE) service: support and education for those affected by friends or family with personality disorder
The Oxford Friends and Family Empowerment (OFAFE) service is a carer support service that originated in a collaboration between the Oxfordshire Complex Needs Service and the national mental health ...
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China’s dirty laundry – international organizations posing a risk to China’s AML systems
Purpose: This paper aims to review some of the current challenges that international money laundering schemes are posing in the Chinese banking sector. Anti-money laundering (AML) systems in China ...
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Reviews
Changing Concepts of Crime and its Treatment. Edited and introduced by Hugh J. Klare Some Problems of the Constitution. By Geoffrey Marshall and G. C. Moodie. Fourth Edition. Equity and the Law of ...
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Cyber-Attack Prompts Charity Trustees To Reconsider Their Duties
......, charities will not only avoid fines from the ICO but will also ensure the on-going support of their donors thereby enabling the continued operation of the charity. Cyber security tips for charities. What are "appropriate technical and organisational steps" for charities to consider? Although ......
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Charity Commission Issues Its First Official Warning To National Hereditary Breast Cancer Helpline
......These payments were made for running the Charity's operations on a daily basis, and the trustee in receipt of the payment, was the only authorised signatory on the Charity's bank account and was therefore ......
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Review Of The Charities Act 2006 - Giving Charity Back To Charities?
......Nearly six years after the Act's passage into law, Lord Hodgson of Astley Abbotts has undertaken a wide-ranging review - not only on the operation of the Act itself but also on the wider legal and regulatory framework for English and Welsh charities. The result of this comparatively swift ......
- A Multi-Million Pound Money Laundering Operation Has Led To A Charity Administrator Being Sentenced To Jail