Alison Regan, Partner and James McCallum, Partner in our Charity & Social Business Team look at how the cases of  Re Estate of John Duffy, deceased (2013) and St Andrew's (Cheam) Lawn Tennis Club Trust v Ian Phillipe & Others (2012) illustrate the intentions of a donor (either in their lifetime or under a will) to make a gift for the benefit of a group of individuals may be entirely frustrated, because either the individuals intended to benefit are not sufficiently personally identifiable to make it certain as a private trust, or the ingredients to establish it as a charitable "purpose" trust are simply not there.

It is generally not possible to establish a trust for a particular purpose (as opposed to a trust for the benefit of private individuals) unless it is a charitable trust. 

In order to be a charitable trust, the usual charity rules apply, now set out in the Charities Act 2011.

Good intentions are not enough - gifts and donations - July 2013.pdf