Commentary

42.2 Ex gratia payments on moral grounds

CHARITIES AND CHARITABLE GIVING vol 6(2)
| Commentary

42.2 Ex gratia payments on moral grounds

| Commentary

42.2 Ex gratia payments on moral grounds

Unlike an individual, a charity is not in a position to dispose of part of its property to another person otherwise than in accordance with its trusts because this would constitute a breach of trust.

However, bearing in mind that the strength of a moral claim may be very great and that charities themselves often depend on the moral sense of potential donors for their support, it was decided in Re Snowden and Re Henderson1 that there is a power in both the court and the Attorney General to authorise ex gratia payments, where

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