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Charity definition

What does Charity mean? In practice, a charity is an organisation established solely for charitable purposes to deliver public benefit, with assets held for those purposes and supervised by the courts and charity regulators. Common forms include a trust, unincorporated association or company limited by guarantee (including CIO/SCIO). Surpluses cannot be distributed to members; funds must be applied to the purposes. Political activity is permitted only as ancillary. Status determines regulatory duties and eligibility for charity tax reliefs. England and Wales: Charities Act 2011, s 1, defines a charity as an institution established for charitable purposes only and subject to High Court control;...

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CPR Part 64 Trusts and Estates Applications: scope, procedure, parties, directions, representation, hearings, privacy, costs and AJA 1985 s 48 (England and Wales)

Practice notes
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The scope of CPR Part 64

CPR Part 64 addresses:

  • claims concerning the administration of deceased persons’ estates and trusts
  • Charity proceedings (treated in a distinct section)

This Practice Note deals with the former. It extends to claims asking the court to decide any question arising:

  • in administering the estate of a deceased person or in the Execution of a trust
  • for an Administration order, whereby the estate or trust is administered under the court’s directions
  • for the variation of a trust under the Variation of Trusts Act 1958 (VTA 1958)
  • under section 48 of the Administration of Justice Act 1985 (AJA 1985)

The jurisdiction to determine questions arising in estate administration or trust execution is very broad, and will cover most claims in which a trustee or beneficiary seeks a court ruling on an issue encountered during the administration of that trust. That may include a ‘non-contentious’ matter, such...

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Richard Dew
Richard Dew

Richard Dew's practice is focussed on Wills, Estates and Trusts and related professional negligence. His practice is predominantly litigation, and he is frequently involved in large and complex claims. He also advises and represents in Court of Protection matters and provides expert advice in respect of tax and tax planning (principally capital taxation). Chambers and Partners describe him as a “’superb junior,’ who combines strong academic credentials … with a flair for litigation and ADR”.He is a member of STEP and ACTAPS. He has experience at all levels of litigation (with two recent cases in the Court of Appeal) and considerable experience in the conduct of mediation and alternative dispute resolution. Richard is an editor of Tolley's Inheritance Tax Planning and the Trusts and Estate Practitioner's Guide to Mental Capacity. He is a contributor to the recent book on...

Web page updated on 28/05/2026

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