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Words: | Submitted: Tue Jun 20 2006
... stated as 'desperately near the border line.' One would need to establish if the young and unemployed are actually the needy. If the decision in Re Sanders is to be followed, the trust in dispute would not successfully meet the requirements for relief of poverty. However if one follows Re Niyazis, one could say the gift would succeed but be at the very border line. However this matter is up to the courts discretion. As the trust has no religious basis it would fail under the advancement of religion. One could then consider the advancement of education. Rigby LJ stated in Re Macduff3, that a gift for the advancement of education 'is not in itself a charitable object unless it be combined with teaching or education.' One could ask the question as to whether a sports club would be sufficient as to amount to education or teaching. Unless this is proven, ...
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