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Cy-près Doctrine In English Law
The cy-pres doctrine in English law is an element of trusts law dealing with charitable trusts. The doctrine provides that when such a trust has failed because its purposes are either impossible or cannot be fulfilled, the High Court of Justice or Charity Commission can make an order redirecting the trust's funds to the nearest possible purpose. For charities with a worth under £5,000 and no land, the trustees (by a two-thirds majority) may make the decision to redirect the trust's funds. The doctrine was initially an element of ecclesiastical law, coming from the Norman French ''cy près comme possible'' (as close as possible), but similar and possibly ancestral provisions have been found in Roman law, both in the ''Corpus Juris Civilis'' and later Byzantine law. Trusts where the doctrine is applicable are divided into two groups; those with subsequent failure, where the trust's purpose has failed after it came into operation, and initial failure, where the trust's purposes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Meister Von San Vitale In Ravenna 004
''Meister'' means 'master' in German language, German (as in master craftsman, or as an honorific title such as Meister Eckhart). The word is akin to wikt:master, master and maestro. In sports, ''Meister'' is used for the current national, European or world champion (e.g. ''Deutscher Meister'', ''Europameister'', ''Weltmeister''). During the Second World War, ''Meister'' was the highest enlisted rank of the German ''Ordnungspolizei''. Many modern-day German police forces also use the title of ''Meister''. ''Meister'' has been borrowed into English language, English slang, where it is used in Compound (linguistics)#Noun–noun compounds, compound nouns. A person referred to as “Meister” is one who has extensive theoretical knowledge and practical skills in his profession, business, or some other kind of work or activity. For example, a “puzzle-meister” would be someone highly skilled at solving puzzles. These neologisms sometimes have a sarcastic intent (for example, “ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Testator
A testator () is a person who has written and executed a Will (law), last will and testament that is in effect at the time of their death. It is any "person who makes a will."Gordon Brown, ''Administration of Wills, Trusts, and Estates'', 3d ed. (2003), p. 556. . Related terms * A female testator is sometimes referred to as a testatrix (), plural testatrices (), particularly in older cases. *In Ahmadiyya Islam, a testator is referred to as a moosi, who is someone that has signed up for Wasiyyat or a will, under the plan initiated by the Mirza Ghulam Ahmad, Promised Messiah, thus committing a portion, not less than one-tenth, of his lifetime earnings and any property to a cause. * The adjective, adjectival form of the word is testamentary, as in: # Testamentary capacity, or mental capacity or ability to execute a will and # Testamentary disposition, or gift made in a will (see that article for types). # Testamentary trust, a trust (law), trust that is created in a will. * A will (la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prima Facie
''Prima facie'' (; ) is a Latin expression meaning ''at first sight'' or ''based on first impression''. The literal translation would be 'at first face' or 'at first appearance', from the feminine forms of ''primus'' ('first') and ''facies'' ('face'), both in the ablative case. In modern, colloquial and conversational English, a common translation would be "on the face of it". The term ''prima facie'' is used in modern legal English (including both civil law and criminal law) to signify that upon initial examination, sufficient corroborating evidence appears to exist to support a case. In common law jurisdictions, a reference to ''prima facie evidence'' denotes evidence that, unless rebutted, would be sufficient to prove a particular proposition or fact. The term is used similarly in academic philosophy. Most legal proceedings, in most jurisdictions, require a ''prima facie'' case to exist, following which proceedings may then commence to test it, and create a ruling. Burde ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reginald Goff
Sir Reginald William Goff, PC (22 March 1907 – 17 January 1980) was a British judge. He was a Lord Justice of Appeal between 1975 and his death in 1980, when he was known as Lord Justice Goff. Biography The son of William Kingsley Goff and Louisa Goff, Reginald Goff was educated at Sutton County Grammar School, King's College London (Fellow, 1970) and University College London (Fellow, 1968). He took an LL.B. with first-class honours in 1928, and won the Certificate of Honour in the Bar examination the same year. He was called to the bar by Lincoln's Inn in 1929 (Bencher, 1959; Treasurer, 1974). During the Second World War, he served in the Auxiliary Fire Service until 1942, then in the Royal Air Force until 1946; he was an assistant judge advocate general from 1945 to 1946. Goff was appointed a Queen's Counsel in 1953 and was elected to the General Council of the Bar in 1958. He was appointed a Justice of the High Court in 1965 and received the customary knighthood, and w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
George Farwell (judge)
Sir George Farwell (22 December 1845 – 30 September 1915) was an English judge, noted for trying the ''Taff Vale'' case at the first instance. Biography Farwell was born in Codsall, Staffordshire, the second son of Frederick Cooper Farwell, agent to the Duke of Cleveland, and of Louisa Whitbread, ''née'' Michell, daughter of Admiral Sir Frederick Michell. He was educated at Rugby School and Balliol College, Oxford, where he took first class honours in classical moderations and second class honours in '' literae humaniores''. He was called to the bar in 1871. In 1891 he became a QC and in 1895 a bencher of Lincoln's Inn, while in 1899 he was raised to the bench. In 1900 he came into prominence over the case known as the Taff Vale judgment. His decision, though reversed by the court of appeal, was upheld in 1901 by the House of Lords, and ultimately led to the passing of the Trade Disputes Act (1906). In 1906 Farwell was made a Lord of Appeal, but resigned this position in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Courts of England and Wales#Senior Courts of England and Wales, Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice of England and Wales, Lord Chief Justice and the Master of the Rolls, Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court (England and Wales), County Court, High Court of Justice and Family Court (England and Wales ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trust Instrument
A trust instrument (also sometimes called a deed of trust, where executed by way of deed) is an instrument in writing executed by a settlor used to constitute a trust law, trust. Trust instruments are generally only used in relation to an inter vivos trust, ''inter vivos'' trust; testamentary trusts are usually created under a will (law), will. Formalities Although in most legal systems there are certain formalities associated with settling a trust, most legal systems impose few, if any, structures on the trust instrument itself. Historically, the concept of a trust is the intervention of the courts of equity to prevent a legal owner treating the property as beneficially his own; provided that state of affairs exists, a trust arises notwithstanding any lack of formality in relation to the form of the trust instrument. However, notwithstanding the flexible approach taken by the law, characteristically the legal profession has taken an extremely formalised approach to trust instrum ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Donor Intent
A donor in general is a person, organization or government which donates something voluntarily. The term is usually used to represent a form of pure altruism, but is sometimes used when the payment for a service is recognized by all parties as representing less than the value of the donation and that the motivation is altruistic. In business law a ''donor'' is someone who is giving the gift (law), and a ''donee'' the person receiving the gift. More broadly, the term is used to refer to any entity that serves as the source of something transferred to a different entity, including - in scientific fields - the source of matter or energy passed from one object to another. The Online Etymology Dictionary traces the English-language word "donor" back to the mid-15th century, with origins in Anglo-French, Old French, Latin and Proto-Indo-European. In science Often the word is used as a shorter term for: * Blood donor * Donor (semiconductors) * Egg donor * Electron donor — (by a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charities Act 2011
The Charities Act 2011c 25 is a UK Act of Parliament. It consolidated the bulk of the Charities Act 2006, outstanding provisions of the Charities Act 1993, and various other enactments. Repeals Legislation repealed in its entirety by the 2011 Act include the Recreational Charities Act 1958, Charities Act 1993, Charities (Amendment) Act 1995, Charities Act 1993 (Substitution of Sums) Order 1995, Charities Act 2006 (Charitable Companies Audit and Group Accounts Provisions) Order 2008, and Charities (Pre-consolidation Amendments) Order 2011. Amendments were made to other legislation. It replaces most of the Charities Act 1992 and Charities Act 2006. See also *English trust law English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the ... * Charitable trusts in English law Notes References ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charities Act 2006
The Charities Act 2006 (c 50) is an Act of the Parliament of the United Kingdom intended to alter the regulatory framework in which charities operate, partly by amending the Charities Act 1993. The Act was mostly superseded by the Charities Act 2011, which consolidates charity law in the UK. Provisions The Act contains three main provisions: definition of the requirements to qualify as a charity, the establishment of a Charity Tribunal to hear appeals from decisions of the Charity Commission, and alterations to the requirements for registering charities. Charitable status The Act imposes conditions on bodies wishing to attain or maintain charitable status. For the purposes of the law, a charitable organisation must demonstrate that it serves the public interest, and that its purpose lies entirely in the promotion of one or more of the following causes: * the prevention or relief of poverty; * the advancement of education; * the advancement of religion; * the advancement of h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charities Act 1993
The Charities Act 2011c 25 is a UK Act of Parliament. It consolidated the bulk of the Charities Act 2006, outstanding provisions of the Charities Act 1993, and various other enactments. Repeals Legislation repealed in its entirety by the 2011 Act include the Recreational Charities Act 1958, Charities Act 1993, Charities (Amendment) Act 1995, Charities Act 1993 (Substitution of Sums) Order 1995, Charities Act 2006 (Charitable Companies Audit and Group Accounts Provisions) Order 2008, and Charities (Pre-consolidation Amendments) Order 2011. Amendments were made to other legislation. It replaces most of the Charities Act 1992 and Charities Act 2006. See also *English trust law English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the ... * Charitable trusts in English law Notes References ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Resulting Trusts In English Law
Resulting trusts in English law are trusts created where property is not properly disposed of. It comes from the Latin ''resultare'', meaning to spring back, and was defined by Megarry VC as "essentially a property concept; any property that a man does not effectually dispose of remains his own". These trusts come in two forms: automatic resulting trusts, and presumed resulting trusts. Automatic resulting trusts arise from a "gap" in the equitable title of property. The equitable maxim "equity abhors a vacuum" is followed: it is against principle for a piece of property to have no owner. As such, the courts assign the property to somebody in a resulting trust to avoid this becoming an issue. They occur in one of four situations: where there is no declaration of trust, where an express trust fails, where there is surplus property, or upon the dissolution of an unincorporated association. Rules differ depending on the situation and the type of original trust under dispute; faile ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
