ABSTRACT

Charitable trusts are, generally speaking, subject to the same rules as private trusts but, in recognition of the public nature of such trusts, charities enjoy a number of advantages over private trusts:

(a) Certainty of objects. A charitable trust is subject to a unique test for certainty of objects, namely, whether the objects are exclusively charitable. Indeed, it is unnecessary for the settlor or testator to specify the charitable objects, provided that his or her intention was to devote the funds for charitable purposes. The Charity Commissioners and the courts have the jurisdiction to establish a scheme for the application of the funds.