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Property & Trusts A trust by the terms of which the income is to be applied exclusively charitable purposes is treated with special favour by the law. A charitable trust is a valid purpose trust. This means that it is perfectly possible to establish a trust for the achievement of a purpose, provided that the purpose in law is regarded as charitable. On the question of enforcement, it matters not that there is no human beneficiary capable of enforcing the trust because the Crown act as parens patriae through the Attorney General in order to ensure that the trustees carry out the terms of the trust. The courts have developed the legal concept of charity over several centuries and as Lord Wilberforce said in 1967 'the law of charity is a moving subject'[1]. However, there is no statutory definition of charity, regardless of occasional proposals. The dictum of Viscount Simonds in...

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