If a scheme for the regulation of a charity, settled by a decree, does not operate beneficially for the charity, and the attorney-general considers that the interests of the charity would, consistently with the foundation, usage and law, be promoted by an alteration of the scheme, it is competent to him to apply to the court for such alteration, but schemes which have been settled under the directions of the court ought not be disturbed upon merely speculative use, order matters of discretion or regulation, upon which judges or attorneys-general may differ in opinion, or except upon substantial grounds and clear evidence, not only that the scheme does not operate beneficially, but that it can, by the alteration, be made do so consistently with the objects of the foundation.
[1851] EngR 828, (1851) 9 Hare 328, (1851) 68 ER 530
Commonlii
England and Wales
Cited by:
Cited – Lehtimaki and Others v Cooper SC 29-Jul-2020
Charitable Company- Directors’ Status and Duties
A married couple set up a charitable foundation to assist children in developing countries. When the marriage failed an attempt was made to establish a second foundation with funds from the first, as part of W leaving the Trust. Court approval was . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 August 2021; Ref: scu.297144