Scarisbrick’s Will Trusts, In re: ChD 1950

The court considered whether a trust was charitable.
Held: The distinction lay in whether the gift took the form of a trust under which capital was retained and the income only applied for the benefit of the objects, in which case the gift was charitable, or whether the gift was one under which the capital was immediately distributable among the objects, in which case the gift was not a charity.


Roxburgh J


[1950] 1 All ER 143, [1950] Ch 226


England and Wales


CitedThe Attorney General v Price 26-Nov-1810
Devise to A and his heirs; with a direction, that yearly he and his heirs shall for ever divide and distribute according to his and their discretion amongst the testator’s poor kinsmen and kinswomen, and amongst their offspring and issue dwelling . .

Cited by:

Appeal fromIn re Scarisbrick’s Will Trusts, Cockshott v Public Trustee CA 1951
Possible Charity for poor persons within an area
The court was asked whether a trusts for poor persons within a restricted category, the testator’s descendants, not meeting the usual requirement that the benefits be available to a wider section of the community, may be held charitable.
Held: . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate, Charity

Updated: 12 May 2022; Ref: scu.181256