| Commentary

46 Initial appointment

| Commentary

2: APPOINTMENT

46 Initial appointment

In general, the first trustees of a charity are those appointed by the donor. However, a charitable gift will not fail in the event of the donor’s failure to appoint trustees1. The Crown as parens patriae is the constitutional trustee, acting under the sign manual2, where property is given to charity generally and indefinitely without the appointment of trustees3 (ie where there is no trust as such). Where there is a trust, but there is doubt about who has been appointed as trustee, the matter is treated as a

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