Are These Clauses in Sir Rupert Cobs’ Will Valid Charitable Purpose Trusts?

Question from Rupert, Are These Clauses in Sir Rupert Cobs’ Will Valid Charitable Purpose Trusts?

Answer from AI:

Sir Rupert Cobs, a wealthy aristocrat with no heirs, wishes to draft a will that includes several charitable donations. He wants to ensure his legacy but has specific preferences and dislikes. Below, we will examine whether the clauses he proposes are valid charitable purpose trusts under UK law and suggest amendments where necessary.

Clause (a): £15 million to establish ‘Cobs Academy’

**Clause Description:** £15 million to establish ‘Cobs Academy’, a private school which requires all attending students to pay high fees with no exceptions.

**Legal Analysis:**
– **Charitable Purpose:** For a trust to be considered charitable, it must fall within one of the purposes listed in the Charities Act 2011 and be for the public benefit.
– **Education:** Establishing a school can be a charitable purpose under the advancement of education.
– **Public Benefit:** However, the requirement for high fees with no exceptions may fail the public benefit test. The public benefit requirement means that the benefits must be available to a sufficient section of the public.

**Recommendation:**
– To ensure this clause is valid, Sir Rupert should include provisions for scholarships or bursaries to allow students from less wealthy backgrounds to attend. This would help meet the public benefit requirement.

Clause (b): £6 million to ‘Green Aristocrats’

**Clause Description:** £6 million to ‘Green Aristocrats’, an organisation that educates wealthy individuals on environmental living. The organisation has spent all of its resources for the last year lobbying the Government to change its policy on the environment and plans to revert back to its normal activities after the 2024 general election.

**Legal Analysis:**
– **Charitable Purpose:** Educating individuals on environmental living can be considered a charitable purpose under the advancement of environmental protection or improvement.
– **Political Activities:** However, charities are generally restricted in the extent to which they can engage in political activities. According to the Charity Commission, a charity cannot have political purposes, although it can engage in political activities if they are ancillary to its charitable purposes.

**Recommendation:**
– Sir Rupert should ensure that the primary focus of ‘Green Aristocrats’ remains on educational activities rather than political lobbying. He might include a clause specifying that the funds are to be used exclusively for educational purposes.

Clause (c): £4 million to establish an interactive public gallery

**Clause Description:** £4 million to establish an interactive public gallery that immortalises my artistic hobbies, including recordings of my renditions of Britney Spears songs, large stone statues of myself, and my own oil-paintings.

**Legal Analysis:**
– **Charitable Purpose:** Establishing a gallery can fall under the advancement of the arts, culture, heritage, or science.
– **Public Benefit:** However, the content of the gallery must be of artistic merit and public interest. Personal hobbies and self-portraits may not meet this criterion.

**Recommendation:**
– To ensure this clause is valid, Sir Rupert should consider including works of recognized artistic value or collaborating with established artists. This would help meet the public benefit requirement.

Clause (d): £5 million to build affordable housing for my servants and their families

**Clause Description:** £5 million to build affordable housing for my servants and their families, who are the only poor people I can tolerate.

**Legal Analysis:**
– **Charitable Purpose:** Providing housing can be a charitable purpose under the relief of those in need by reason of youth, age, ill-health, disability, financial hardship, or other disadvantages.
– **Public Benefit:** However, limiting the beneficiaries to a specific group of individuals (his servants and their families) may not meet the public benefit requirement.

**Recommendation:**
– To ensure this clause is valid, Sir Rupert should broaden the scope to include a wider section of the public who are in need of affordable housing. This would help meet the public benefit requirement.

Conclusion

While Sir Rupert’s intentions are clear, some of the clauses in his will may not meet the requirements for valid charitable purpose trusts under UK law. It is crucial to ensure that each clause meets the public benefit requirement and falls within the recognized charitable purposes.

**Legal Advice:** Sir Rupert should consult with a legal professional specializing in wills and trusts to draft these clauses appropriately. Personalized legal advice will ensure that his wishes are fulfilled in a legally compliant manner.

**Resources:**
– [Charities Act 2011](https://www.legislation.gov.uk/ukpga/2011/25/contents/enacted)
– [Charity Commission Guidance on Public Benefit](https://www.gov.uk/government/publications/public-benefit-the-public-benefit-requirement-pb1)

By following these guidelines and seeking professional advice, Sir Rupert can ensure that his legacy is cemented in a manner that complies with legal standards.