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Purpose trusts in English law
A purpose trust in English law is a trust created for the fulfilment of a purpose, not for the benefit of a person. With the exception of charitable trusts, these are normally considered invalid by the courts; most often because they have no beneficiaries, and therefore nobody who can enforce the trust. As well as charitable trusts, there are several exceptions to the rules against purpose trusts. If the requirement to fulfil a purpose is a request, rather than an obligation, the trust is valid; a trust will also be found valid if, while being for a purpose, it involves beneficiaries in some respect. Purpose trusts can also be valid if they are for the erection or maintenance of tombs and memorials (assuming such memorials are not overly grandiose), the maintenance of animals, and arguably the saying of masses, although these must all obey the rule against perpetuities and not continue for more than 21 years after the testator's death.
==Definition==
A purpose trust is a trust created for the fulfilment of a purpose, not for the benefit of a person. While charitable trusts are also for the benefit of an abstract purpose, charitable purposes for the public benefit are an exception to the standard rule regarding purpose trusts, which is that they are void.〔Edwards (2007) p.187〕 The invalidity of purpose trusts is commonly said to have been set in ''Morice v Bishop of Durham''.〔(1804) 9 Ves 399〕〔Pawlowski (2007) p.440〕 In ''Leahy v Attorney-General for New South Wales'',〔() AC 457〕 Lord Simonds set the principle that:
Alastair Hudson, Professor of Equity and Finance Law at University of Southampton, argues that this is an example of the "strict" rule against purpose trusts. A looser application was found in ''Cocks v Manners'',〔() LR 12 Eq 574〕 a case with almost identical facts, where the court decided that the trust was valid as a gift to every member of the order individually, with the Mother Superior acting as a trustee.〔Hudson (2009) p.174〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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