Hi,

These are selected excerpts from Griffith model answer to Question 5,
April 2008.

There is no exhaustive definition of poverty.  In Re Gardom a gify of
temporary residence for 'ladies of limited means' was held to be
charitable.  While in Re Segleman deceased, a gift to poor members of
the testators family was held to be a trust for a charitable purporse.

In re Compton it was held that the public benefit would not be
satisfied when the beneficiaries could be identified by reference to
thei relationship with the donor, however, Martin argues that the
public benefit requirment for charitable trusts for the relief of
poverty has vanisjed due to the courts recognition of the so called
'poor relations trusts.  It appears that poor relation trusts are the
general exception to the rile set down in Compton.  The court upheld
an apprenticeship fund for two families in White v White.  The court
in in re Segleman deceased held that a gift for the benefit for the
poor is prima facie a gift for the relief of poverty and it is no less
charitable if it is limited to a class of persons by virtue of blood
relationship or indeed employment.  Poor relations was extended to
employees in Dingle v turner.

Hope this clarifies, position.  Basically in light of Re Segleman
particularly, the Compton public benefit test is in a sense put to one
side in the interests of a general greater good.

On Oct 4, 9:15 am, lionel <[email protected]> wrote:
> HELP! i'm a little confused.  is it charitable to leave propt'y for
> your poor relations but not charitable to leave it to named
> individuals? if so, what case/s support this?
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