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purpose trust


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A trust that is not for the benefit of a human beneficiary and is not a charitable trust. Such trusts are normally invalid as they offend the beneficiary principle. Exceptions include trusts for the care of specific animals (Re Dean (1889) 41 Ch D 552), trusts for the provision and upkeep of tombs and monuments (Mussett v Bingle [1876] WN 170; Re Hooper [1932] 1 Ch 38), and trusts for the saying of masses (Re Hetherington [1990] Ch 1). The categories of purpose trust that have been recognized by the courts will not be extended (Re Endacott [1960] 2 Ch 232). Valid purpose trusts are subject to the rule against perpetual trusts.

Subjects: Law.


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