Purpose Trusts Flashcards
How to start a purpose trusts q
The rule in Morice v Bishop of Durham; then the justification (Re Astor’s and Bowman v Secular Society), then the 4 exceptions and that they will not be extended
The four types of permissable purpose trusts
- Tombs and Monuments - Hooper, 2. Pets - Pettingall v Pettingall, 3. Private masses - Bourne v Keane, 4. Fox Hunting - Thompson
Monuments
Hooper
Pets
Pettingall v Pettingall
Private masses
Bourne v Keane
Fox hunting
Re Thompson
The exceptions will not be extended
Endacott (Homer nodded)
Definition of an unincorporated association
Burrell: Two or more people bound together for non business purposes
Mutual rights and duties arising from a contract
Rules as to who controls the funds and how
Two approaches to how money is held by an unincorporated association
- Re Recher (absolutely), re Denley (on trust)
Re Recher
Money is given as a gift to members to be dealth with according to club rules (but members could change the rules and take all)
Re Denley
There is a trust in favour of ascertainable beneficiaries, it happens to be expressed as a purpose
When could re recher not be applied?
In re Grant - gift to conservative party for benefit of the Chertsey HQ. Chertsey had no say in how the money could be applied.
What’s an alternative approach for an inter vivos gift
Suggested obiter in Burrell - mandate - agency approach
original approach to division of money from unidentifiable donors on dissolution
Re West Sussex - went bona vacantia because could not go to members (they weren’t the intended Bs), money given on contractual basis.
Which case distinguished Re West Sussex - what happened
Re Bucks - Recher reasoning applied - the money was divided equally between members. BUT if only one member remained it would cease to be a club and would go bona vacantia.
