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Flashcards in Restrictions On Purpose Of Trust Deck (13):

Hardie v Morrison

Where the purpose is to promote something that has no meaning the trust will be void from vagueness. In this case it was ‘free thought’


Overly wide purposes

Trust purposes can not be so wide that they cinder on the trustees such a wide discretion that it becomes the trustees purposes rather than the truster


Sutherland’s Trs v Sutherland

Overly wide purposes

The instruction to the trustees to dispose of the residue of an estate ‘in such a manner they think proper’ was void as was overly wide


Warren v Anderson

Discretion to benefit those whom you know respect me was held to be valid as it was a workable trust purpose


Angus Exx v Batchans Trs

Public trusts

Charitable purposes and educational purposes held as being valid


Blair v Duncan

Public trusts

Public purposes failed


Rintoul v Rintoul

Religious purposes not held as valid


Bowman v secular society limited

Contrary to morality

A trust purpose will be held void if it is held to be immoral or in other words contra bonas mores - in bad faith


Fraser v Rose

Condition in a trust that a daughter had to estranged herself from the mother was not acceptable but trust was given without condition

Contrary to morality


Innes v innes

Changing of religion would be contrary to morality


Sturrock v rankins trs



Sutherland’s Trs v verschoyle and ors

Extravagant and wasteful purposes are not allowed, funeral arrangements and memorials


McGaig v Glasgow uni

Seen to be wasteful as you cannot set up a trust if it is seen to be a complete waste of money it will be struck down