Chapter 6 Looking for extra marks

. Which of the purposes listed in Q.10 will not be a valid charitable trust? Try and work out why before reading the feedback.

£100,000 to support an after-school study and activity group for the children of employees of Nanosoft Computers Ltd.

£100,000 to support help create a debt management advice centre in Hull.

£100,000 to support the elimination of discrimination against women in engineering.

£100,000 to support a service organizing hospital visitors in Chester for those in-patients who feel isolated or lonely.

. Robert "Lanky" Simmons-Smythe was a world-famous graffiti artist who died in 2008 after he was accidentally overcome by fumes from his spray paint cans when completing an installation for the Serpentine Gallery in a poorly ventilated room.

His will contains a gift of £1 million to help preserve and maintain examples of outstanding works of graffiti in England and Wales.

The validity of this provision is challenged by his wife, the residuary legatee.

Which of the following arguments most accurately reflects the legal issues involved?

This is a valid charitable purpose for the advancement of education (s.3(1)(b)). Art and culture must be and is defined broadly and should encompass the preservation of graffiti (e.g. Re Hopkins [1965]).

This could be a valid charitable trust for the advancement of the arts (s.3(1)(f)), which includes promoting the arts and preserving items of national heritage. Graffiti is a modern expression of our culture and excellent work deserves recognition and protection.

This is not a valid charitable trust. While the advancement of the arts is a valid charitable purpose (s.3(1)(f)), graffiti is vandalism which will not be supported by the law.

This could be a valid charitable trust for the advancement of the arts and preservation of items of national heritage (s.3(1)(f)). However, the court may need to be persuaded of the merits of this art form and its preservation through expert evidence (Re Pinion [1965])

. Following a series of racially motivated hate crimes in the Buddley area, a group of concerned local residents seek to establish a charitable organization called Race for Change (Buddley Initiative). It lists the following as its purposes:

i. Primarily, Race for Change (BI) will offer funding and support for other organizations engaged in work tackling negative stereotyping of different racial groups;
ii. Race for Change (BI) will also seek to co-ordinate with the local authority to increase the time and resources spent in the classroom on tackling racism and racist attitudes;
iii. Race for Change (BI) will lobby the area's MP and government to increase the racial diversity of the police force through positive discrimination measures.

The founders seek your advice on whether these purposes are charitable.

Only purposes (i) and (ii) are valid charitable purposes.

None of the purposes are charitable due to the political purposes involved.

Only purpose (i) is a valid charitable purpose.

All of the purposes are charitable as they fall within the promotion of racial harmony in section 3(1)(h).

. Link the following scenarios with the most relevant authority:

£50,000 to help train guide dogs for the blind in Newcastle.

.

£50,000 to St. Jude's School, a fee-paying school, to help encourage more girls to study Physics to A-level.

.

£50,000 to Safe Haven Refuge for victims of domestic violence. Before the will is administered, the Refuge closes due to lack of funds.

.

£50,000 to help poor members of my family to get back on their feet.

. Hannah Fitzroy dies in June 2008. Her will contains the following provisions:

i - £50,000 to the Grimsthorpe Leisure Centre.
ii - £75,000 to be used to provide benefits for the residents of Leafy Lane Home for the Elderly.
iii - £100,000 to the Applefield Sanctuary for Abandoned Kittens.
iv - £50,000 to help support the children of employees of Sunbright consultancy Ltd to attend university.

Some legal complications mean that it is not until February 2009 that the executors are able to distribute Hannah's money. However, they find that the Grimsthorpe Leisure Centre closed in January 2009. To their dismay, they also discover that the Leafy Lane Home for the elderly ceased operating in January 2008. After much searching, the executors also conclude that the Applefield Sanctuary for Abandoned Kittens never existed. Finally, they discover that Sunbright Consultancy Ltd. closed in March 2008.

Which of Hannah's provisions can be applied cy-près?

ii and iii

ii , iii, and iv

i and iii

i , iii, and iv

Chapter 6 Looking for extra marks

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