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I need some assistance with these assignment. questions about equity and trust law Thank you in advance for the help!
I need some assistance with these assignment. questions about equity and trust law Thank you in advance for the help! The gift should benefit a large section of society, or the public at large, at least not be “numerically negligible”, and there should not be a personal bond between the donor and the beneficiaries.4
This gift was for the encouragement of traditional methods of boat building in Seahaven. It might pass the public benefit test, as the boat building company that was founded by the Frederick was “the only major source of employment in his hometown of Seahaven.” Therefore, money that is put towards traditional methods of boat building might benefit the community, in that it would teach people in the community how to build traditional boats. This would, in turn, be helpful to the community because it would help people acquire the skills that would be necessary to seek employment, and, as this is the only major employer in the community, these are skills that are clearly valuable to have.
On the other hand, by the facts that are presented and the wording of the trust, it might not be for the public benefit. It is difficult to tell if traditional boats are the focus of what Sailboats, Ltd. makes. Frederick was a yachtsman, so it is possible that his company focused on making yachts, as opposed to traditional boats. Therefore, if this is the case, then there would be no public benefit to the gift because the only public benefit would be that it would prepare individuals for employment with the only employer in town. If the company does not make traditional boats, then this skill would be useless to the community.
Further, the trust states that the trustee is to “look favourably on applications from employees and ex-employees of Sailboats, Ltd.” This language stops short of stating that the trust is only for the employees and ex-employees of Sailboats, Ltd., therefore this clause should not affect the analysis of whether or not the gift is for the public benefit. If the trust did state that the employees and ex-employees were the beneficiaries of the trust, this would probably automatically defeat the trust, as there cannot be a personal bond between the donor and the beneficiary.
