The following Property practice note provides comprehensive and up to date legal information covering:
A benevolent fund is an institution, including a body of trustees, which holds funds on trust for the purpose of relieving poverty amongst a defined group of individuals. The nexus between that group of individuals could be a common employer (as in Gibson), or a common trade or profession, or membership of a particular members’ club (as in Re Young), unincorporated association or friendly society (as in Re Buck), or even a common family member - so called ‘poor relations’ cases (as in Re Compton).
There are approximately 3,000 benevolent funds currently operating in the UK, of which the vast majority are registered charities. However, a benevolent fund will only now be charitable, with all the attendant advantages of charitable status (not least in regard to taxation), if it satisfies the requirements of Charities Act 2011 (CA 2011).
Whether or not a particular trust or gift qualifies as a charitable benevolent fund for the relief of poverty does not turn on the presence or absence of the word ‘poverty’, because the necessary charitable intent can be found from all the circumstances (see Cawdron v Merchants Taylors' School  EWHC 1722 (Ch)).
Nor does ‘poverty’ require the potential beneficiaries to be destitute. According to Lord Evershed MR in Re Coulthurst ‘poverty … may not unfairly be paraphrased … as meani
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Dividends involve a distribution of cash or a distribution of non-cash assets (known as a distribution in kind or a distribution in specie).A scrip dividend (in a tax context, sometimes referred to as a stock dividend) allows a shareholder to receive new shares in a company as an alternative to a
This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent and drafting issues.What are conditions precedent?A condition precedent in a commercial contract details an event which must take place before:•a
BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies,
What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see Practice Note: Injunctions—guiding principles. However, an injunction may be sought before a party's rights have been infringed on the basis that they
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.