Full Description
Charitable donation law faces a persistent challenge when testators leave gifts to charities that no longer exist, creating uncertainty that often leads to costly litigation between intended beneficiaries. This book examines how traditional legal scholarship has attempted to resolve these disputes, and proposes fundamental reforms to create more robust, donor-friendly frameworks.
Drawing on extensive case law surrounding failed charitable bequests, this book demonstrates how traditional approaches to "mapping" and "bringing order" to legal precedents have failed to address the underlying policy concerns that drive these disputes. Through comparison of various flawed legislative reforms in New Zealand and South Australia, the book identifies the shortcomings of existing approaches and develops a comprehensive blueprint for reform that prioritises legal certainty while protecting donor intentions. Through systematic analysis of judicial reasoning and legislative responses across multiple jurisdictions, this book challenges fundamental assumptions about how charity law should develop and offers concrete proposals for creating more effective legal structures.
This interdisciplinary analysis will be of particular interest to researchers in charity law, trusts and estates, and comparative legal studies. The book's integration of doctrinal analysis with policy critique and reform proposals makes it essential reading for academics working at the intersection of private law and social policy.
Contents
1. Introduction
2. Traditional Black Letter Mapping as a Scholarly Method
3. The Law of Gifts to Closed Charitable Organisations
4. 'Acoustic Equity' and its Link to the Mapping-Reliability-Problems
5. Statutory Reform is Not Automatically Successful
6. Policy-Generated Mapping
7. Applicability of Policy-Generated Mapping in Other Contexts
8. Conclusion
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