Re Besterman’s WT (unreported), as cited in McGovern v AG [1982] Ch 321, 352-3

Key point

Requirements were laid on when a trust for research will be deemed charitable: 1. it must be concerning a useful subject, 2. the result must be intended for dissemination and 3. the trust must be for the public benefit

A trust for research will ordinarily qualify as a charitable trust if, but only if
1. the subject matter of the proposed research is a useful subject of study; and
2. it is contemplated that knowledge acquired as a result of the research will be disseminated to others; and
3. the trust is for the benefit of the public, or a sufficiently important section of the public.
In the absence of a contrary context, however, the court will be readily inclined to construe a trust for research as importing subsequent dissemination of the results thereof.
Furthermore, if a trust for research is to constitute a valid trust for the advancement of education, it is not necessary either:
- that a teacher/pupil relationship should be in contemplation, or
- that the persons to benefit from the knowledge to be acquired should be persons who are already in the course of receiving ‘education’ in the conventional sense.