Re Hooper [1932]
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Re Hooper [1932] 1 Ch 38 is a notable case in trusts law, establishing the validity of a species of anomalous purpose trust for the upkeep of family graves and monuments, subject to a limitation on its duration.
In this case, a purported trust was created for the care and upkeep of a family's graves and monuments. The settlor intended to ensure the perpetual maintenance of the family burial site.
The High Court held that the trust was valid, but with a limitation on its duration. The trust for the upkeep of family graves and monuments was deemed valid for a period of 21 years only. After this initial period, any surplus money was directed to be given to anyone entitled to the residue of the estate.
Re Hooper contributes to the understanding of anomalous purpose trusts, specifically those established for the maintenance of family graves and monuments. The court recognised the settlor's intention to provide ongoing care for the family burial site but imposed a temporal restriction on the trust's duration. This case exemplifies the court's approach to balancing the settlor's intent with the need for reasonable limitations on perpetual trusts.
In this case, a purported trust was created for the care and upkeep of a family's graves and monuments. The settlor intended to ensure the perpetual maintenance of the family burial site.
The High Court held that the trust was valid, but with a limitation on its duration. The trust for the upkeep of family graves and monuments was deemed valid for a period of 21 years only. After this initial period, any surplus money was directed to be given to anyone entitled to the residue of the estate.
Re Hooper contributes to the understanding of anomalous purpose trusts, specifically those established for the maintenance of family graves and monuments. The court recognised the settlor's intention to provide ongoing care for the family burial site but imposed a temporal restriction on the trust's duration. This case exemplifies the court's approach to balancing the settlor's intent with the need for reasonable limitations on perpetual trusts.
