CHARITIES AND PUBLIC BENEFIT

Abstract

The classification of charitable trusts into four categories includes the undefined final category of trusts: those not for the purpose of education, religion or poverty relief, but still beneficial to the community. Whether a trust of this kind can stand is determined by its satisfaction of two conditions: it is charitable and it is for the public benefit. The author explores the term “public benefit”, as well as judicial limitations placed upon it, the inconsistencies produced by those interpretations, the problems raised in application and the search for a new definition. He presents a tentative new definition for future scholarly consideration.