97-554: Dartington Hall in Dartington , near Totnes , Devon , England, is an historic house and country estate of 1,200 acres (4.9 km) dating from medieval times. The group of late 14th century buildings are Grade I listed ; described in Pevsner's Buildings of England as "one of the most spectacular surviving domestic buildings of late Medieval England", along with Haddon Hall and Wingfield Manor . The medieval buildings are grouped around
194-422: A charitable purpose and (b) those non-charitable activities so authorised which themselves form part of the trust purpose. In the latter but not the former case the reference to non-charitable activities will deprive the trust of its charitable status. Severance refers to the separation of charitable and non-charitable purposes, dividing the funds between them. This allows the charitable element to take effect. This
291-533: A charitable trust, like all express trusts, becomes irrevocable unless the trust instrument explicitly allows for such revocation. There are a variety of advantages to charity status. Within English trusts law , a standard express trust has a relationship between the trustees and the beneficiaries ; this does not apply to charitable trusts, partially because of the special definition of trustee used and partially because there are no individual beneficiaries identified in
388-619: A charitable trust. Instead, the Attorney General of England and Wales sues on behalf of beneficiaries to enforce a charitable trust. Because of this lack of a relationship, the trustees' powers are far wider-ranging, only being regulated by the Charity Commission and actions brought by the Attorney General; the beneficiaries have no direct control. Charitable trusts are also exempt from many formalities when being created, including
485-466: A fictional school called "Weylands". Years later, it was revealed that these events had attracted the attention of MI5 in a declassified report called "The Case Against Dartington Hall". At its peak, the school had some 300 pupils. However, with the advent of state-based progressive education, the death of its founders, and the appointment of a new headmaster in whose time the school attracted considerable negative publicity – not least owing to his calling
582-474: A form of express trust , charitable trusts are subject to certain formalities, as well as the requirements of the three certainties , during their creation. These requirements vary depending on whether the gift that establishes the trust is given during life, after death, or involves land. In the case of a gift given after death through a will, the will must adhere to Section 9 of the Wills Act 1837 , which mandates
679-471: A home, or for the means to provide for some necessity or quasi-necessity, and not merely for an amusement, however healthy. The gift that creates the charitable trust, whatever the definition of poverty accepted by the courts, must be for the poor and nobody else. In Re Gwyon , money was left to provide short trousers to children in Farnham . While this was a necessity under the standard definition of poverty,
776-568: A huge courtyard; the largest built for a private residence before the 16th Century, and the Great Hall itself is the finest of its date in England. The west range of the courtyard is regarded nationally as one of the most notable examples of a range of medieval lodgings. The medieval buildings were restored from 1926 to 1938. The site is the headquarters of the Dartington Trust , which currently runs
873-448: A millionaire who loses half of his income may be considered "poor", in that he is unable to have the lifestyle he is accustomed to. Some limits were set to this provision by Lord Simonds in IRC v Baddeley , where he wrote that: There may be a good charity for the relief of persons who are not in grinding need or utter destitution ... but relief connotes need of some sort, either need for
970-421: A neutral manner is acceptable. Charitable trusts, like other trusts, are administered by trustees, but there is no direct relationship between the trustees and the beneficiaries . This results in two things: firstly, the trustees of a charitable trust have more freedom to act than other trustees, and secondly, beneficiaries cannot bring a court case against the trustees. Instead, the beneficiaries are represented by
1067-638: A number of charitable educational programmes, including Schumacher College , Dartington Arts School, Research in Practice and the Dartington Music Summer School & Festival . In addition to its own live arts and learning programmes, the Trust uses Dartington Hall to host other groups and as a venue for retreats . The estate was held by the Martin family between the early 12th and mid-14th centuries, but on
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#17328581292221164-466: A personal relationship (their employer), the courts ruled that poverty is an exception to the Oppenheim rule. Academics Richard Edwards and Nigel Stockwell argue that this is because allowing such trusts to exist relieves the rest of society for having to provide for poor people; as a result, there is "public benefit" in a wider way. The general public benefit rule in the "poverty" category is that "gifts for
1261-703: A religion which does not involve belief in a god". This extends to the support of religious buildings and sick or old members of the clergy, as in Re Forster . This category also covers groups with small followings, as in Re Watson , and with doubtful theology, as in Thornton v Howe . Curiously, and individually to religious charities, the public benefit requirement is justified by the assumption that, according to Cross J in Neville Estates v Madden , "some benefit accrues to
1358-461: A scheme, follows the doctrine of Cy-près. The doctrine of cy-pres is a form of variation of trusts; it allows the original purpose of the trust to be altered. The doctrine originated in ecclesiastical law, the name coming as a contraction of the Norman French cy pres comme possible (as close as possible), and is typically used where the original purpose of the charity has failed, and results in
1455-478: A strict rule that charities cannot campaign politically. An illustration of its strictness is Bowman v Secular Society , where it was held that even when attempted changes to the law were ancillary to the main goals, it was still unacceptable. There is a dividing line; charitable trusts discussing political issues can be valid, as discussed by Hoffmann J obiter dicta in Attorney General v Ross . This line
1552-418: A trust or not, and in relation to other institutions has a corresponding meaning. There is no statutory definition of what a charity is; it is instead dealt with in a roundabout way. The Charities Act 2006 states in section 1(1) that: For the purposes of the law of England and Wales, 'charity' means an institution which (a) is established for charitable purposes only, and (b) falls to be subject to
1649-485: A whole, and not just the people covered by Section 1(2)(a), as in Guild v IRC , where Lord Keith stated "the fact is that persons from all walks of life and all kinds of social circumstances may have their conditions of life improved by the provision of recreational facilities of a suitable nature". Charitable trusts can't be used to promote political changes, and charities attempting such have been "consistently rebuffed" by
1746-612: A £200,000 gift to the City of London for charitable purposes, a £100 dinner and other small gifts to the board of trustees was funded. The administration of charitable trusts is covered primarily by the Charities Act 1993 and the Charities Act 2006 , and is widely divided between four groups; the Attorney General for England and Wales , the trustees , the Charity Commission and the Official Custodian for Charities . As mentioned,
1843-526: Is a village in Devon , England. Its population is 876. The electoral ward of Dartington includes the surrounding area and had a population of 1,753 at the 2011 census . It is located to the west of the River Dart , south of Dartington Hall and approximately two miles (3 km) north-west of Totnes . Dartington is home to an obsolete cider press (now the centrepiece of a shopping centre named after it ),
1940-558: Is considered by the Charity Commission in their official guidelines, which allow the Commission to look at the wider purpose of the organisation when deciding if it constitutes a valid charity. No organisation run for profit can be a charity; a fee-paying school may be a charitable body despite the fees paid, but not if they are directly run to make a profit, as in Re Girls' Public Day School Trust . This also excludes benefit societies where
2037-509: Is covered by the Charities Act 2006 , which lists "the advancement of citizenship or community development" and "the advancement of the arts, culture, heritage or science" as valid types of charitable trust. For the purposes of this category, "religion" was seen to mean a faith in a higher power, and does not include ethical principles or rationalism, as in Bowman v Secular Society . The 2006 Act expanded this, noting that religion "includes ..
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#17328581292222134-502: Is for charitable trusts relating to animals. As with religious charities, the benefit is derived not from the comfort afforded to the animals, but from the "indirect moral benefit to mankind". Again, this excludes trusts which isolate the beneficiaries from the public, as in Re Grove-Grady , where the trust sought to provide "a refuge [for animals] ... so that they shall be safe from molestation and destruction by man". Charities for
2231-457: Is only possible when the trust instrument indicates that the donor intended for the fund to be divided, and cannot work where the donor gives a list of purposes a single fund is to be used for. The standard rule for dividing the funds is based on the equitable rule that "equity is equality"; money should be divided equally. There are exceptions where it is not practicable, as in Re Coxon , where of
2328-629: Is played by the charity trustees, defined in Section 97 of the 1993 Act as those persons having the general control and management of the administration of charities. As mentioned, charitable trustees have significantly more freedom to act than normal trustees, but the 1993 Act has put restrictions on who may be a charitable trustee. Section 72 excludes people convicted of a crime involving dishonesty, bankrupts, people previously removed from charity trusteeship, and people struck off as directors of companies. Those trustees appointed have many duties when administering
2425-558: Is the promotion of a particular composer, seen in Re Delius . For a gift to be charitable, the courts must be convinced that the subject of advancement be of artistic merit. This includes famous composers, as seen above, and social graces, as in Re Shaw's Wills Trust . When there is doubt, the courts ignore the opinions of the beneficiary and instead rely on experts, as in Re Pinion . This area
2522-458: Is trying to alter that law. Academic Alastair Hudson describes this argument as "a little thin. Given that judges contentedly take it upon themselves to interpret, limit and extend statutes (as well as occasionally recommending the creation of new statutes to shore up the common law), it is peculiar to see judges so coy in the face of an argument being advanced that legislation might be changed". The leading case, Anti-Vivisection Society , sets out
2619-472: The Attorney General for England and Wales as parens patriae , who appears on behalf of The Crown . Jurisdiction over charitable disputes is shared equally between the High Court of Justice and the Charity Commission . The Commission, as the first point of contact, is tasked with regulating and promoting charitable trusts, as well as providing advice and opinions to trustees on administrative matters. When
2716-669: The Beaford Centre was set up as an arts centre by the Dartington Trust in the 1960s to bring employment and culture to a rurally depressed area, and continues to thrive. With similar social objectives, the Trust established the Dartington Crystal factory at Great Torrington in June 1967 under the name of Dartington Glass. Dartington Music Summer School & Festival is a department of
2813-623: The Charities Act 2011 , it has five core objectives: Along with these objectives, it has six functions under the 2011 Act: The Charity Commission has the power to issue an inquiry into a charity under Section 46 of the 2011 act and, if they are satisfied there has been mismanagement, they are allowed to suspend trustees or officers, appoint additional trustees, vest charity property in the Official Custodian for Charities or order debtors or people holding charity property not to transfer it without their permission. They can also remove trustees on
2910-554: The Official Custodian for Charities , who acts as a trustee for charities at the direction of the Commission. Both the High Court and the Charities Commission are authorised to establish schemes administering charities. These can come about when money has been left for a charitable purpose which is not specified, or with no suggestion as to how it should be administered. The scheme may be used to appoint new trustees, except when
3007-466: The Porch. The 1st Duke was beheaded by King Henry IV who had deposed Richard II, however Dartington continued as the seat of his son John Holland, 2nd Duke of Exeter (1395–1447) and grandson Henry Holland, 3rd Duke of Exeter (1430–1475) successively. On the death of the 3rd Duke in 1475 without issue, supposedly drowned at sea on the orders of King Edward IV, Dartington again escheated to the crown. In 1559 it
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3104-549: The Recreational Charities Act 1958 was passed, which provides that "it shall be and be deemed always to have been charitable to provide, or assist in the provision of, facilities for recreation or other leisure-time occupation, if the facilities are provided in the interest of social welfare". Section 1(1) of the Act, however, preserves the need to provide a "public benefit". The Act also lays out what kinds of activities are in
3201-503: The performance arts . In 2008, it became part of University College Falmouth and subsequently relocated to Falmouth, Cornwall . In 2021, the Trust re-opened the Dartington Arts School with five new Masters programmes, including Arts and Place, Arts and Ecology and Poetics of Imagination. 50°27′06″N 3°41′38″W / 50.4518°N 3.6938°W / 50.4518; -3.6938 Dartington Dartington
3298-707: The rule against perpetuities . The trustees are also not required to act unanimously, only with a majority. Tax law also makes special exemptions for charitable trusts. They are free from the income tax paid by individuals and companies, and also the corporation tax paid by incorporated and unincorporated associations. There is no requirement for charitable trusts to pay capital gains tax or council tax , although they are obliged to pay VAT . This freedom from tax liability applies not just to charitable trusts, but also to people who donate to them. Individuals who donate via Gift Aid are free from paying tax on that amount, while companies who give gifts to charity can claim tax on
3395-441: The trustees not found in other types of English trusts . To be a valid charitable trust, the organization must demonstrate both a charitable purpose and a public benefit. Applicable charitable purposes are normally divided into categories for public benefit, including the relief of poverty, the promotion of education, the advancement of health and saving of lives, the promotion of religion, and all other types of trusts recognized by
3492-485: The "interest of social welfare", stating in Section 1(2) that it is where the facilities "are provided with the object of improving the conditions of life for the persons for whom the facilities are primarily provided" and in Section 1(2)(a) "those persons have need of such facilities as aforesaid by reason of their youth, age, infirmity or disablement, poverty or social and economic circumstances", or where, in Section 1(2)(b) "the facilities are available to members ... of
3589-460: The Attorney General represents the beneficiaries as a parens patriae , appearing on the part of The Crown . Any case involving charities has him joined as a party, he may act against trustees in disputes, and take actions to recover property from third parties. His role was discussed in Brooks v Richardson , where the court quoted the practitioner's text Tudor on Charity : By reason of his duty as
3686-466: The Commission feels that there has been mismanagement or maladministration, it can sanction the trustees, removing them, appointing new ones, or temporarily taking the trust property itself to prevent harm. In cases of flaws with a charity, the High Court can administer schemes directing the function of the charity, or even, under the Cy-près doctrine , change the purpose of the charity or gift entirely. Being
3783-521: The Cott Inn, a public house dating from 1320, and Dartington Hall . This Devon location article is a stub . You can help Misplaced Pages by expanding it . Charitable trusts in English law Charitable trusts in English law are a form of express trust dedicated to charitable goals. There are various advantages to charitable trust status, including exemption from most forms of tax and freedom for
3880-961: The Dartington Trust. It is both a festival and a music school with an "ethos of bringing together top-quality performers and composers to work with students and amateur musicians in concerts and classes in a relaxed, informal atmosphere." Participants, both amateur musicians and advanced students, spend the daytime studying a variety of different musical courses, and the evenings attending (or performing in) concerts. In addition to instrumental and vocal masterclasses, there are courses at various levels on subjects such as composition, opera, chamber music, conducting and improvisation. Courses include choirs, orchestras, individual masterclasses, and non classical music such as Jazz, Salsa and Gamelan. Composition teachers have included Luciano Berio , Luigi Nono , Bruno Maderna , Harrison Birtwistle , Peter Maxwell Davies , Brian Ferneyhough , Witold Lutosławski and Elliott Carter . The gardens were created by Dorothy Elmhirst with
3977-707: The Old Postern which is home to Schumacher College , and other buildings around the Hall which host the Arts at Dartington, the Dartington Music Summer School & Festival, and Research in Practice. The Cider Press Centre, a shopping centre at Shinners Bridge, is also run by the Trust. In September 2022, undergraduate students returned to Dartington estate with the launch of the BSc Regenerative Food and Farming,
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4074-552: The Sovereign's representative protecting all the persons interested in the charity funds, the Attorney-General is as a general rule a necessary party to charity proceeding. He represents the beneficial interest; it follows that in all proceedings in which the beneficial interest has to be before the court, he must be a party. He represents all the objects of the charity, who are in effect parties through him. The next significant role
4171-460: The Trust's art assets. The Trust argued that the founders went to considerable lengths to make clear that art works and other assets could and should be used and sold at the discretion of the Trustees to support the activities of the Trust. Dartington College of Arts was a specialist arts institution based at the hall from 1961 to 2010, with an international reputation for excellence, focusing mainly on
4268-493: The amount back from HM Revenue & Customs . The definitions of a trustee and a trust within charitable trusts differ significantly from the norm. In particular, according to the Charities Act 1993 (section 37): 'charity trustees' means the person having the general control and management of the charity... 'trusts' in relation to a charity means the provisions establishing it as a charity and regulating its purposes and administration, whether those provisions take effect as
4365-464: The artistic commitments that made the place an innovator in pottery and textiles and – by 1938 – a refuge for sixty or so avant-garde Continental dancers, sculptors and playwrights; and the agricultural ventures which, if never profitable, became a seedbed for research." In 1928, Leonard Elmirst began collaborating with Alice Blinn , who worked for Delineator Home Institute to create a home economics training centre and modernise domestic activities of
4462-523: The benefit of the sick and old; the Preamble to the 1601 Act gave "aged, impotent and poor people" as acceptable beneficiaries for a charity. These acceptable beneficiaries are to be read individually; there is no requirement to aid the aged and impotent as well as the poor, and one can even exclude the poor, such as in Re Resch's Will Trusts , which dealt with a hospital that charged fees. The second sub-category
4559-499: The benefits are limited to those who have funded it, as in Re Holborn Air Raid Distress Fund . A charitable trust created from a gift must be exclusively charitable; if there are any purposes which would not be charitable on their own, the trust fails. Trust instruments should ideally identify that the money is to be used for "charitable purposes". The use of other words such as "beneficial" or "benevolent" causes
4656-411: The charity or Attorney General, or trustees, beneficiaries and interested people when the charity has an income of less than £500. The Commission, under Section 29 of the 2011 Act, also keeps the register of charities. Under Section 110 of the Act, the Commission is tasked with giving advice or opinions to trustees relating to the performance or administration of their charity. The Commission also acts as
4753-526: The control of the High Court in the exercise of its jurisdiction with respect to charities. The first definition of a "charitable purpose" was found in the preamble to the Charitable Uses Act 1601 . The standard categorisation (since all previous attempts to put it on the statute books were "unduly cumbersome") was set out by Lord Macnaghten in IRC v Pemsel , where he said that "Charity in its legal sense comprises four principal divisions: Trusts for
4850-505: The courts. There are two justifications for this. The first is that, even when a campaign for political change is stated to be for the benefit of the community, it is not within the court's competence to decide whether or not the change would be beneficial. The second, laid out in National Anti-Vivisection Society v IRC , is that the courts must assume the law to be correct, and as such could not support any charity which
4947-415: The death of William Martin in 1326, the feudal barony of Dartington escheated to the crown and in 1384 was granted by King Richard II to his half brother John Holland, 1st Duke of Exeter (c.1352–1400), created in 1388 Earl of Huntingdon and in 1397 Duke of Exeter . The 1st Duke built the mediaeval hall between 1388 and his death in 1400 and the sculpted arms of Richard II survive on ribbed vault of
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#17328581292225044-755: The definition of "public benefit" varies between Macnaghten's four categories. The 1601 Act stated that charities for the benefit of the "aged, impotent and poor people" had an appropriate purpose; it is accepted that these may appear individually. A charity does not have to be for the benefit of people who are both poor, impotent and aged to be valid, only one of them. "Poverty" is a subjective term, and in Re Coulthurst , Sir Raymond Evershed indicated that it should be treated as such; "poverty, of course, does not mean destitution ... it [means] persons who have to 'go short' ... due regard being had to their status in life and so forth". This appears to indicate that
5141-507: The definition of research required for a gift to be valid: The word education must be used in a wide sense, certainly extending beyond teaching, and the requirement is that, in order to be charitable, research must either be of educational value to the researcher or must be so directed as to lead to something which will pass into the store of educational material, or so as to improve the sum of communicable knowledge in an area which education must cover – education in this last context extending to
5238-466: The design. In 1935, the Dartington Hall Trust , a registered charity , was set up in order to run the estate. High Cross House was built in 1932 as a home for the headmaster of Dartington Hall school. It was designed by Swiss-American architect William Lescaze and is now regarded as an important modernist building . It is Grade II* listed. Aller Park, the original Dartington Hall School,
5335-474: The estate for purchase. The energy and investments of the Elmhirsts and a number of significant innovations in rural regeneration became organised departments working on the estate. The innovations included "the social and spiritual "questing" that underwrote support for peace movements, Eastern mysticism and ultimately social science; the progressive educational values that led to the founding of Dartington School;
5432-507: The first degree in England to focus specifically on sustainable approaches to agriculture. The Hall and medieval courtyard functions in part as a conference centre and wedding venue and provides bed and breakfast accommodation for people attending courses and for casual visitors. The Barn Cinema and the White Hart Bar and Restaurant are used by estate dwellers, residents from the surrounding countryside, and visitors alike. In North Devon,
5529-491: The formation of literary taste and appreciation. This definition was expanded on by Slade J in McGovern v Attorney General , where he said that: (1) A trust for research will ordinarily qualify as a charitable trust if, but only if (a) the subject matter of the proposed research is a useful object of study; and (b) if it is contemplated that the knowledge acquired as a result of the research will be disseminated to others; and (c)
5626-469: The gift pertains to land and is made during the donor's lifetime, it must comply with Section 53(1)(b) of the Law of Property Act 1925 , necessitating the agreement to be documented in writing and signed by the donor. In cases where the gift involves personal property and is made inter vivos , there are no formal prerequisites; it suffices for an oral declaration to establish the trust. Once properly constituted,
5723-451: The gift was not limited to the poor, and instead went to every child in the area. As a result, the trust failed. The "poverty" category is a "major exception" to the rule on personal relationships laid down in Oppenheim v Tobacco Securities Trust . In Dingle v Turner , a charitable trust was established to help poor employees of Dingle & Co. While the beneficiaries were all linked by
5820-437: The graveyard there, although there is no evidence to substantiate this. Dartington Hall School , founded in 1926, offered a progressive coeducational boarding life. When it started there was a minimum of formal classroom activity and the children learned by involvement in estate activities. It was to have "no corporal punishment, indeed no punishment at all; no prefects; no uniforms; no Officers' Training Corps; no segregation of
5917-495: The grounds of bankruptcy, mental incapacity, failure to act or the trustee's absence from the country. The Commission is also authorised to appoint new trustees to replace removed ones, or even to increase the number of trustees. The jurisdiction of the Charity Commission is concurrent with that of the High Court of Justice . The High Court possesses all the powers of the Commission, who only exercise theirs on application of
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#17328581292226014-449: The inhabitants of a group of cottages, whoever those inhabitants might be. Charitable trusts have historically been invalid if they include "purely recreational pastimes", as in IRC v City of Glasgow Police Athletic Association ; even though the purpose of the charity was to improve the efficiency of the police force, the fact that this included a recreational element invalidated the trust. In response to this case and IRC v Baddely ,
6111-412: The involvement of major landscape designers Beatrix Farrand and Percy Cane and feature a tiltyard (thought actually to be the remains of an Elizabethan water garden) and major sculptures, including examples by Henry Moore , Willi Soukop and Peter Randall-Page. There is an ancient yew tree ( Taxus baccata ) reputed to be nearly 2000 years old and legend has it that Knights Templar are buried in
6208-529: The law. There is also a requirement that the trust's purposes benefit the public (or some section of the public), and not simply a group of private individuals. Such trusts will be invalid in several circumstances; charitable trusts are not allowed to be run for profit, nor can they have purposes that are not charitable (unless these are ancillary to the charitable purpose). Additionally, it is considered unacceptable for charitable trusts to campaign for political or legal change, although discussing political issues in
6305-520: The medieval Hall an arts centre and dance school with a large hall was built 1930–32, with several additions in 1938 and 1966. To the North of the Hall, Higher Close Students Centre was built in 1963 adjacent to the present main car park. Huxhams Cross and Broom Park were built 1932 as estate workers houses. At Shinners Bridge is the central Office of the estate (1935) and the Sawmill (1931–32). The Cider Press Centre
6402-456: The medieval buildings and notably restore the Great Hall 's hammerbeam roof . The influence of Rabindranath Tagore on Leonard Elmhirst, and the interests and money of his wife Dorothy, led them to undertake an experiment in rural reconstruction at Dartington Hall. It is said that Tagore had become familiar with Dartington during his travels in England and influenced Elmhirst in his selection of
6499-520: The money is to be spent on non-charitable purposes, the trust fails, regardless of the fact that it applies to a particular area. This class of charities can be held valid even when it only impacts on a class within a locality, as in Goodman v Saltash Corporation . This can apply even when the class "fluctuates", such as in Re Christchurch Inclosure Act , where a gift was for the benefit of
6596-434: The police to the school to combat alcohol and drug abuse taking place, the death by drowning of a student, and his wife's modelling for pornographic photographs – the school suffered a dramatic drop in recruitment. The school was forced to close in 1987. After the school's closure, a number of staff and students set up Sands School which still carries some of the principles that Dartington once had. It has been suggested that
6693-412: The public at large". This definition and the acceptance of the need for a "public benefit" allows the courts to reject charitable trusts for recreational activities, such as if they felt that the activities are harmful. The Act also excludes private clubs, unless the members fall under Section 1(2)(a). The courts are willing to accept charitable trusts for recreational activities if they benefit people as
6790-516: The public from attendance at places of worship of persons who live in this world and mix with their fellow citizens". Notably, this excludes gifts to groups which do not associate with the public, as in Gilmour v Coats . Macnaghten's fourth category contains not only individual categories of its own, but also general principles that are applied when a body seeks to be recognised as a charitable trust. The first of these "sub-categories" contains trusts for
6887-407: The purpose of creating animal sanctuaries usually pass the public benefit test despite this, because they do not completely exclude the public and often have educational value. The third sub-category covers charitable trusts for the benefit of localities. A trust for the benefit of a locality has long been held only to apply to that area; if its purpose within that area is charitable, it is valid. If
6984-410: The relief of poverty among poor people of a particular description" is charitable; "gifts to particular persons, the relief of poverty being the motive of the gift" are not. As with poverty, this category is also found in the 1601 Act's preamble, which refers to charities established for the "Maintenance of ... Schools of Learning, Free Schools, and Scholars at Universities". The common law , over
7081-485: The relief of poverty; trusts for the advancement of education; trusts for the advancement of religion; and trusts for other purposes beneficial to the community". This "charitable purpose" was expanded on in Section 2(2) of the Charities Act 2006 , but the Macnaghten categories are still widely used. Trusts must also be for "public benefit", which was considered at length in Oppenheim v Tobacco Securities Trust . A fund
7178-427: The rule of exclusivity; ancillary purposes, and severance. Where the non-charitable purpose is a necessary ancillary to the charitable one, the trust will not fail. This is a matter of degrees, and was discussed by Slade J in McGovern v Attorney General , when he said that: The distinction is between (a) those non-charitable activities authorised by the trust instrument which are merely incidental or subsidiary to
7275-514: The school 'Knotshead' in the novel A Private Place by Amanda Craig was based upon Dartington Hall school, as the events in the book are similar to those that occurred within the final years of Dartington Hall. Literary editor Miriam Gross wrote an account of her time at the school in her memoir, and also published in the May 2011 edition of Standpoint magazine. Inspired by a long association with Rabindranath Tagore 's Shantiniketan , where Tagore
7372-495: The school for two years and his brother Clement Freud was also a pupil there. Other noted alumni include Eva Ibbotson , songwriter Kit Hain , Ivan Moffat , Jasper Fforde , Sheila Ernst , Lionel Grigson , Miriam Gross , Martin Bernal , Matthew Huxley , Max Fordham , Oliver Postgate , Richard Leacock , Jasia Reichardt , Nicolas Rea and the sculptor Sokari Douglas Camp . Son of the founders, Michael Straight , also attended
7469-419: The school from 1931 to 1957, and wrote two books about it, The School , published by The Bodley Head in 1934, and Education for Sanity , published by Heinemann in 1947. The author Dennis Wheatley novelised the activities of some people based at the school in his 1947 book The Haunting of Toby Jugg . This was a supernatural thriller which sensationalised some real-life events before the war, setting them at
7566-566: The school. Straight later attended Cambridge and became a speechwriter to Franklin D Roosevelt , and after the war, publisher of the New Republic , a magazine which the Whitney family owned. In his memoir After Long Silence , Straight stated he had been recruited as a Communist agent by Cambridge spy Anthony Blunt , but had become disillusioned with the Party after the war. W. B. Curry was headmaster of
7663-488: The sexes; no compulsory games, compulsory religion or compulsory anything else, no more Latin, no more Greek; no competition; no jingoism ." With time more academic rigour was imposed, but it remained progressive and had mixed success educating the children, sometimes the more wayward ones, of the fee-paying parents. A noted alumnus was Lord Young , a founder of Which? and the Open University . Lucian Freud attended
7760-456: The subject is useful and the gift makes some requirement that the information be made available to others and disseminated. In Re Hopkins , a gift was given to the Francis Bacon society to find proof that William Shakespeare 's plays were written by Bacon. Wilberforce J held that it was a valid gift, as "the discovery would be of the highest value to history and to literature". He also gave
7857-484: The teacher/pupil relationship should be in contemplation, or (b) that the persons to benefit from the knowledge to be acquired should be persons who are already in the course of receiving an education in the conventional sense. For artistic pursuits, it is not enough to promote such things generally, as it is too vague. A body for specific artistic purposes may be charitable, as in Royal Choral Society v IRC , as
7954-499: The testator's next of kin or residuary legatees are for ever excluded". Schemes for initial failure, on the other hand, ask the court to decide whether the gifts should be returned to the testator's estate and next of kin or be applied to a new purpose under cy-pres. When deciding if a gift has failed, there is a distinction made between gifts to unincorporated bodies and incorporated bodies, as laid down in Re Vernon's Will Trust . This
8051-420: The trust is for the benefit of the public, or a sufficiently important section of the public. (2) In the absence of such a contrary context, however, the court will be readily inclined to construe a trust for research as importing subsequent dissemination of the results thereof. Furthermore, if a trust for research is to constitute a valid trust for the advancement of education, it is no necessary either (a) that
8148-443: The trust purpose being altered to the nearest realistic alternative. Prior to the Charities Act 1960 ( 8 & 9 Eliz. 2 . c. 58), this "failed purpose" situation was the only time when cy-pres could be applied; it required the original purpose to be impossible or impractical. With the 1960 Act (the relevant provisions of which are now included in the 1993 Act), cy-pres can be applied where the original purposes have: This definition
8245-599: The trust to fail at creation, as the words are not synonymous with charity. An example is the Privy Council decision in Attorney General of the Cayman Islands v Wahr-Hansen , where the Council held that gifts to "organisations or institutions operating for the public good" and acting "for the good or for the benefit of mankind" failed, because the definition given was not exclusively charitable. There are two exceptions to
8342-473: The trust, constituted properly, failed after a period of action, and initial failure, where the trust fails at creation. Subsequent failure cases are designed to have the charity's funds applied to more effective purposes, and as such money already donated to the charity cannot be returned to the next of kin of the original money; in Re Wright , it was said that "once money has been effectually dedicated to charity
8439-537: The trust, including informing the Commission of changes to the charity or its dissolution, registering the charity and keeping proper accounts and records, to be submitted annually to the Commission. The Charity Commission originated as the Charity Commissioners, created by the Charitable Trusts Act 1853 to provide advice to charitable trusts. Currently governed by and exercising its functions under
8536-535: The trustee's identity is crucial to the intentions of the testator, as in Re Lysaght . Schemes may also be used to fix administrative difficulties caused by uncertainty, as in Re Gott , or even to completely defeat the gift. Schemes can also be used, on the application of trustees, to extend powers of investment or consolidate funds. The trustees may apply to change the core purpose of the trust, which while enacted through
8633-424: The village. Blinn recommended initiatives including education, apprenticeship programmes, a laboratory, a modern kitchen, cafeteria, laundry, and lavatories, based on what was available in a modern American home. Unable to persuade Blinn to move to England, Elmhirst abandoned the plan. Blinn's recommended kitchen equipment was installed but arranged in a typical English fashion because the headmaster's wife did not like
8730-402: The will to be in written form and signed by the testator (or someone else present, following the testator's instructions). It should be clear that the testator intended the will to be effective, and the signature must be executed or acknowledged by two or more witnesses. When all of these conditions are fulfilled, the will becomes a valid document, enabling the charitable trust to be formed. When
8827-521: The years, has recognised a wide area covered by "education". This includes the education of the young, a particularly wide category, described by Lord Hailsham in IRC v McMullen , as "a balanced and systematic process of instruction, training and practice containing both spiritual, moral, mental and physical elements". Although wide, this excludes things that the courts feel are harmful; in Re Shaw , Harman J excluded schools for pickpockets or prostitutes. "Education" also includes research, as long as
8924-535: Was acquired by Sir Arthur Champernowne , Vice-Admiral of the West under Elizabeth I , whose descendants in a direct male line lived in the Hall for 366 years until 1925. The hall was mostly derelict by the time it was bought in 1925 by the British-American millionaire couple Leonard Elmhirst (orig. from Yorkshire) and his wife Dorothy (née Whitney) from New York. They commissioned architect William Weir to renovate
9021-418: Was amended by the Charities Act 2006 to replace "the spirit of the gift" with "the appropriate considerations", which are defined as "(on the one hand) the spirit of the gift concerned, and (on the other) the social and economic circumstances prevailing at the time of the proposed alteration of the original purposes". Failures that lead to an application for cy-pres are of two sorts; subsequent failure, where
9118-496: Was built 1929–31 and designed by Ides Van Der Gracht of the New York firm of Delano and Aldrish. Intended as a junior school, it was built in a lavish Americanised Tudor style. Soon afterwards came Foxhole, the senior school built 1931–32, and boarding houses Blacklers (1933), Chimmels (1934) and Orchards (1935) in a straightforward modern idiom. A modern extension was added to Orchards, and a drama hall built nearby – both of 1964. East of
9215-469: Was built 1976 for the growing tourist trade. In addition to historic buildings the estate has a number of legacy 20th century buildings from the Elmhirst's social enterprises, including the defunct Dartington Hall School, which closed in 1987, and High Cross House which is now a base for Dartington Trust's teaching staff and academics. Other buildings are being used by various departments at the Trust, including
9312-448: Was created to benefit children of employees and former employees of British American Tobacco , which was a large number; the total number of employees was over 110,000. The House of Lords found that size was not the issue; the group did not count as a section of the public because of the "personal nexus", or common relationship, between the settlors (British American Tobacco) and the beneficiaries. The nature of charitable trusts means that
9409-593: Was trying to introduce progressive education and rural reconstruction into a tribal community, the Elmhirsts set out in the 1920s on a similar goal for the depressed agricultural economy in rural England. In May 2010, Sotheby's sold a group of 12 paintings by Rabindranath Tagore , which had been given by Tagore to Leonard Elmhirst. In Autumn 2011, The Trust proposed the sale of additional artworks by Ben Nicholson , Christopher Wood , Alfred Wallis and others, again at Sotheby's. The sale generated some criticism from local people, who voiced concerns about deaccessioning of
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