Is a charitable purpose trust valid at common law?

Alberta, Canada


The following excerpt is from Peace Hills Trust Company v. Canada Deposit Insurance Corporation, 2007 ABQB 364 (CanLII):

Charitable purpose trusts have long been held valid at common law. In Commissioners for Special Purposes of the Income Tax v. Pemsel, [1891] A.C. 531, Lord McNaughten construed ‘charitable trusts’ as including trusts for the relief of poverty, trusts for the advancement of education, trusts for the advancement of religion, or trusts for other purposes beneficial to the community not falling under any previous head.

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