Private purpose trusts


A private purpose trust is an intended express private trust designed by the settlor to achieve an abstract private purpose as an end in itself and is void. For example, the provision annually of a cup for the winner of a yacht race, Re Nottage [1895]; a trust for the creation of a new alphabet of 40 letters, Re Shaw [1957]; a devise of 730 acres of land in Australia on trust to establish a religious order to promote the Catholic faith, Leahy v AG for New South Wales [1959] .

In this recorded lecture presentation the law relating to private purpose trusts is examined:  the meaning and significance of a private purpose trust; the reasons why private purpose trusts are void; when a trust may be treated as a purpose trust; the ‘beneficiary principle’ and exceptions to it; the rule against perpetuities: (the rule against remote vesting and the rule against excessive duration); the ‘enforcer principle.

Duration: 28 minutes (approx)

Lecturer: Mohamed Ramjohn

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