Trusts set up for closed animal sanctuaries face significant challenges in gaining status as a charity. Specifically, the public benefit requirement becomes problematic because certain trusts face more difficulties in presenting evidence for benefit to the common man. This article challenges the current regulations on charities and argues that a more inclusive test – a presumption of charitable status – should be set for two reasons. First, humans and animals can be philosophically regarded as possessing the same moral capabilities and rights. Second, the current legislative framework should re-evaluate benefits in light of changing societal views concerning animals.