Private Law Theory

INTRODUCTION
Stating the law on non-charitable purpose trusts should be a straightforward matter, in anticipation of the Law Commission’s review. But a disfiguring shadow is cast over the area by Re Denley’s Trust Deed. A recent reminder noted that this judgment is now over 50 years old. According to Lewin on Trusts the case is ‘the leading authority concerning the validity of trusts for apparent non-charitable purposes’ – although the text seems ultimately to conclude that it was a beneficiary trust rather than a purpose trust after all. But at the same time, it seems true to say that (on the best view of the case law): ‘Re Denley has  …  never been specifically relied on to uphold a non-charitable purpose trust’. The argument here will be that Re Denley is indeed best viewed as a beneficiary trust …

€ (Westlaw)

David Wilde, ‘Re Denley: re-evaluating its significance for non-charitable purpose trusts’ (2023) 139 Law Quarterly Review (Apr) 243-268.