R v District Auditor, ex parte West Yorkshire Metropolitan County Council
1986 · (1986) 26 RVR 24
Posted By lanbuk.com
- Facts
- A council about to be abolished tried to set up a for the inhabitants of West Yorkshire, about two and a half million people.
- Issue
- Was the valid?
- Held
- No. The Divisional Court held the class was so large that the trust was administratively unworkable.
- Principle
- A discretionary trust fails if the class is so wide that it cannot be sensibly administered.
- Why it matters
- It is the leading example of administrative unworkability.
Words and Latin in this note
- Discretionary trust
- A trust under which the trustees choose which members of a class benefit and by how much. The test of certainty is whether any given person is or is not in the class. Open the note.
- Trust
- An arrangement in which a trustee holds property at law but must use it for beneficiaries, or for a charitable purpose. The beneficiaries have the equitable interest. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.