“Charitable purposes must be exclusively charitable with no significant non-charitable elements.”
The testatrix left property for the maintenance of her family graves and a monument. The trust deed included both charitable purposes (advancement of religion) and non-charitable purposes (grave maintenance). The question arose whether the trust could be charitable given the mixed purposes.
Whether a trust with both charitable and non-charitable purposes could qualify as a charitable trust, and how to apply the exclusivity requirement in modern charity law.
The Court of Appeal held that the trust failed as it included significant non-charitable purposes alongside charitable ones, violating the exclusivity requirement.
This case is crucial for understanding the modern application of the exclusivity requirement in charity law. It provides clear guidance for practitioners drafting charitable trusts and helps students understand the boundaries between charitable and non-charitable purposes.
You're reading the free summary of Re Hanchett-Stamford. Create a free account to unlock the full reasoning, the cited authorities and the verbatim judgment — plus structured briefs for 412,000+ UK judgments.
No card required. Free forever.
OSCOLA Citation
Re Hanchett-Stamford [2009] Ch 173
Multiple official and mirror sources — pick whichever loads cleanly on your network.
Falls back to Google for old citations BAILII catalogues separately
Common Room
0 comments · About the Common Room →
No comments yet — start the discussion.
Voted-best comments help future students and feed Caselaw's AI study tools.