Self-test questions: Charitable Trusts and Cy-près Doctrine

. Which of the following features does a charitable trust not need to possess?

. What is the maximum length of time a charitable trust can exist for?

. Who is the primary regulator for charities in England?

. Which of the following is not a charitable purpose listed under s3(1) Charities Act 2011?

. What definition of 'poverty' did Sir Raymond Evershed MR provide in Re Coulthurst?

. Which of the following terms would not fall within the charitable purpose for the relief of poverty?

. Which of the following activities would not fall under the charitable purpose of advancing education?

. What is the minimum required number of deities for a charitable trust advancing religion?

. Can gifts to religious leaders be considered charitable under the purpose of advancing religion?

. According to Anti-Vivisection Society v IRC, how will the courts assess a charity's compliance with the public benefit requirement?

. Will the courts permit charitable trusts with a personal nexus between the potential beneficiaries?

. How large must a group or class must be for it be deemed for the public benefit?

. Which of the following is the closest translation into English of the term 'cy-près'?

. Can a charitable gift be applied cy-près when the institution gifted the money is dissolved after the testator has passed away?

. Which is of the following is not an instance of an initial failure for the purposes of the cy-près doctrine?

. Claudette wishes to leave some money in her will to assist training teenagers in her local town in computer programming so that they can assist the local church in creating an 'online community of enlightened Christians'. Which charitable purpose will it primarily fall under?

. Michelle wishes to leave some money in her will to help those disadvantaged and in need of urgent help in her local area. Which of the following terms should be used to ensure it falls within the charitable purpose of relieving poverty?

. Sylvester hates the Government and wishes to bring it down. To do so, he has decided that the best way of achieving this is by 'educating the masses out of their ignorance', and wants to set up a charitable school. What form of education would the school have to offer in order for it fall within the charitable purpose of advancing education?

. Jorge is convinced that the Spanish language is suffering from a lack of punctation marks owing to the rising use of emoji. He therefore wishes to leave substantial amounts of property in his will to a university in England to create 23 new punctation marks. Will his gift fall within the definition of advancement of education?

. Dion had a dream that a deity of an established religion was talking to him, and that the current adherents of the religion were practicing incorrectly. He has therefore set up his own church, and it now has 18,000 members. He now wishes to register as a charity, despite the objections of the previous adherents to the faith. Will his claim be successful?

. A local community charity has become frustrated by the rise in use of food banks, and has decided that the only way it can change this is by creating a political campaign to place only those candidates of a 'liberal or socialist' persuasion into power. Will the community charity be able to maintain its charitable status?

. Mustafa wishes to create a charitable trust for his employees for the creation of a 4,000-seat football stadium for the company's 4 amateur football teams. Mustafa sees his company as a family, and does not want any 'outsiders' to be able to use the stadium. Will the stadium be for a charitable purpose?

. Penelope left some money to a hazelnut farmers relief charity in her will. However, 6 weeks before her death, the charity merged with another charity that helps pistachio nut farmers. Can Penelope's gift still be applied for its original charitable purpose?

. Rizwan left £87,000 to a boar sanctuary in Gloucestershire. The exact clause stated that 'I leave £87,000 to the Old Bore Boar Sanctuary in Gloucestershire'. The sanctuary closed 45 days before Rizwan passed away. Can the moneys be applied cy-près?

. Eshin was a big fan of willow trees, and wished to help with their conservation. In his will he therefore left £900,000 to the 'Nottinghamshire Willow Conservation Group'. However, no such group has ever existed. Can the money be applied cy-près?

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