Trust & equity law Essay Example | Topics and Well Written Essays - 1500 words

Trust & equity law - Essay Example accord to the court in this cause Charity in its legal sense comprises four principal divisions trusts for the alleviation of poverty, trust for the advancement of education, trusts for the advancement of religion, and trusts for other purposes beneficial to the community, non falling under any of the precedent heads.4 Later on, these four principal divisions mentioned in the case together with some other pabulum were incorporated in the Charities Act of 1992 and 1993. However, the definition given under the law was not clear sufficient so as to clearly elucidate on the issue of which organizations should be considered as charities. The case of McGovern v Attorney General (1982)5 illustrated the difficulties of obtaining sympathetic status. Note that in this case, the Amnesty International seek establish a charitable trust which is geargond towards securing the release of prisoners, abolish the practices of torture and other dehumanizing acts as well as to do some research in the areas of human rights protection and maintenance.6 Unfortunately, in this case, the charitable trust was not recognized by law as effectual not because the goal was not a formal one but rather because the goals set by Amnesty International was not entirely charitable as it also includes some political motives such as the changing of policies in some countries which are in violation of human rights. On the other hand, in the earlier decision on the case of Re South Place Ethical Society (1980)7, the Court considered the charitable trust as valid not on the ground that the South Place Ethical Society seeks the advancement of religion8 but because it can be classified as an educational institution. This decision gives us an idea on how one could go around the provisions of the Charities Act 1993 and take advantage of the benefits accorded to charities.The enactment of the Charities Act 2006 foretell