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ARTICLE · 19 MARCH 2003

What is a Charitable Trust ? (Continued)

GuernseyCorporate/Commercial Law
Norson Harris
Norson Harris

In the first part of this discussion,1 I explored the first two of the four areas under the preamble to the Statute of Elizabeth where a trust will be held to have charitable objects. In this continuation of that discussion we will look at the remaining two areas; Trusts for the advancement of Religion and Trusts for other purposes beneficial to the community.

It is probably not surprising when looking at the multi-ethnic world we live in that under common law there is no actual definition of what "religion" is when considering this aspect of charitable law. It is such therefore, that any gifts to an organisation, or indeed to individuals, who have a belief in God, provided that the gift does not offend the public benefit requirement, discussed in the previous article, should be held to be charitable. This would of course not be too radical a step when considering the historical starting point of this area of law and of the early charitable trusts and the medieval ecclesiastical

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