Charitable intention in the Cy-Pres doctrine and related trusts principles



Picton, John
Charitable intention in the Cy-Pres doctrine and related trusts principles. [Unspecified]

[img] PDF
JohnPicton_Sept2013_17913.pdf - Submitted Version
Access to this file is embargoed until Unspecified.
Available under License Creative Commons Attribution Non-commercial Share Alike.

Download (1MB)
[img] PDF
PictonJoh_Sept2013_17913.pdf - Accepted Version
Available under License Creative Commons Attribution No Derivatives.

Download (1MB)

Abstract

This thesis provides the first extended taxonomy of charitable intention in the law of schemes. It does so in order to identify the legal functions of intention and suggest critical doctrinal (‘black letter’) reforms so that those functions can be better carried out. Where appropriate, it draws on Australasian statutory and common law innovation. It contrasts developments in those related jurisdictions as a reference point for English reform. Two functions of intention are identified. In the context of established trust reform, intention is one element of a broader process of ‘balanced variation’. The original intention of the donor is balanced against broadly defined effectiveness standards. By contrast, in the context of testamentary construction, intention has a different role. It is constructed simply to make a failed will possible to effect. Efficacious reform is possible with regards to both those functions, and so this thesis proposes a series of common law and legislative changes.

Item Type: Unspecified
Additional Information: alt_title: The Law of Schemes Date: 2013-09 (completed)
Uncontrolled Keywords: Cy-Pres, schemes, charitable intention, trusts law, , doctrinal research, charity law, charity
Subjects: K Law > K Law (General)
Divisions: ?? liv_law ??
Depositing User: Symplectic Admin
Date Deposited: 08 Aug 2014 11:05
Last Modified: 12 Nov 2019 14:10
URI: http://livrepository.liverpool.ac.uk/id/eprint/17913
Repository Staff Access