Editing Trust (law) (section)

=== England and Wales ===
{{Main|English trust law}}

==== History ====
As noted above, the English trust arose from the court of the [[Lord Chancellor]], known as the [[Court of Chancery]].

There are several features which distinguish the modern English trust both from other common law trusts and from civil law approaches.

==== Purpose trusts and the requirement for a beneficiary ====
{{Main|Purpose trusts in English law}}
In some ways, the modern English trust is, when compared to other jurisdictions, more conservative in its requirements. For example, it retains the requirement that there be a beneficiary.<ref>''[[Re Astor's Settlement Trusts]]'', [1952] Ch 534</ref> There are two main exceptions to this rule: charitable purpose trusts and [[Re Denley's Trust Deed|''Re Denley'' trusts]].<ref>[1969] 1 Ch 373</ref> This contrasts with other jurisdictions like Cyprus, [[Law of the British Virgin Islands|the BVI]], [[Law of the Cayman Islands|the Cayman Islands]], the Isle of Man, [[Law of Jersey|Jersey]] and [[Law of Gibraltar|Gibraltar]]<ref>{{Cite book |last=[[Graham Virgo|Virgo]] |first=Graham |title=The Principles of Equity & Trusts |publisher=[[OUP]] |year=2020 |isbn=978-0-19-885415-9 |edition=4th |location=Oxford |pages=208 |language=en}}</ref> which allow for non-charitable purpose trusts to be valid. This will normally be done by appointing a somebody to act as the trust's [[Protector (trust)|Protector]]. These purpose trusts allow for a trust to be created with a purpose (e.g. 'to provide for ''N''<nowiki/>'s education', where ''N'' is a family member) instead of a named beneficiary. The role of the Protector (also sometimes called an enforcer) is to hold the trustees to account, which the beneficiaries would usually have the right to do.

==== Unincorporated Associations ====
{{See also|Unincorporated association}}
A major use of trusts is to allow for the existence of unincorporated associations. These often are associations or groups of people that come together for a particular (usually non-commercial purpose). Common examples might be local social and sports clubs, some [[gentlemen's club]]s, and some professional associations.

The main way that English law supports the existence of these is by understanding them as a form of trust. The association has no [[legal personality]] (i.e. the capacity to enter into legal relations in their own name). This contrasts with the approach taken in many civil law jurisdictions, like Spain<ref>{{Cite web |author-link=Spain |title=Código de Asociaciones |trans-title=Code for Associations |url=https://www.boe.es/biblioteca_juridica/codigos/codigo.php?id=154&modo=2&nota=0&tab=2#top |url-status=live |access-date=25 September 2022 |website=BOE |language=es |archive-date=25 September 2022 |archive-url=https://web.archive.org/web/20220925163040/https://www.boe.es/biblioteca_juridica/codigos/codigo.php?id=154&modo=2&nota=0&tab=2#top }}</ref> or France,<ref>{{Cite web |author-link=France |date=25 May 2021 |title=Déclaration initiale d'une association |trans-title=Initial declaration of an association |url=https://www.service-public.fr/particuliers/vosdroits/F1119 |url-status=live |access-date=25 September 2022 |website=Service-Public.fr |language=fr |archive-date=25 September 2022 |archive-url=https://web.archive.org/web/20220925163040/https://www.service-public.fr/particuliers/vosdroits/F1119 }}</ref> where civil or social associations are often accorded legal personhood. Thus, in England, the officers of an association (e.g. its chairman, secretary and treasurer) will be recognised as trustees and will hold the assets of the association on trust for the members of the association with the constitution of the association forming the basis of the rules governing the trust.<ref>{{Cite book |last=Virgo |first=Graham |title=The Principles of Equity & Trusts |publisher=[[OUP]] |year=2020 |isbn=978-0-19-885415-9 |edition=4th |location=Oxford |pages=211–15 |language=en}}</ref><ref>''[[Re Lipinski's Will Trusts]]'', [1976] Ch 235</ref>