| Commentary

175 Void trusts

| Commentary

G: CONSEQUENCES OF FAILURE

175 Void trusts

The consequence of purportedly creating a will trust for a purpose which is not exclusively charitable according to English law is that the trust is void and the gift lapses. This consequence can be defeated by a deed of variation1 provided that all those otherwise entitled are in existence, sui juris and prepared to join in a deed by which a valid charitable trust is substituted for the void provision. If some of the beneficiaries are not in existence or sui juris, it may be appropriate to consider an application to

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