“Religious trusts for specific denominations or groups can be charitable despite restricted beneficiaries.”
A trust was established for Roman Catholic priests and nuns in the Diocese of Southwark who were suffering from ill health or old age. The question arose whether this constituted a charitable trust given the religious and geographical restrictions on the beneficiary class.
Whether a trust for a restricted class based on religious affiliation and geographical location could qualify as a charitable trust for the advancement of religion, or whether the restrictions made it too narrow to be charitable.
The Court of Appeal held that the trust was charitable. The restrictions were based on legitimate religious and practical considerations rather than creating an essentially private benefit.
This case is important for understanding how restrictions on beneficiary classes are treated in religious charities. It helps distinguish between acceptable limitations that support the charitable purpose and restrictions that would make a trust private rather than charitable.
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OSCOLA Citation
Re Scarisbrick [1951] Ch 622 (CA)
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