ABSTRACT
An intended express trust for non-charitable purposes, as distinct from a trust to benefit persons, is void. Instead, a resulting trust will be created for the settlor or his estate. The justification for this rule is the absence of a person (a beneficiary) who has locus standi to enforce the trust. There are a number of exceptions to this rule. These are:
(a) trusts for the maintenance of specific animals; (b) trusts for the erection and maintenance of monuments; (c) the gift may prima facie appear to benefit purposes but, on construction, the court
may decide that the gift benefits persons (see Re Denley’s Trust Deed [1969] 1 Ch 673 at pp 365-66 below).
