12 Questions
What is an unincorporated association?
An unincorporated association is 2 or more people bound together for one or more common purposes.
How does a non-charitable purpose trust in Re Denley differ from a regular trust?
A non-charitable purpose trust in Re Denley brings a direct tangible benefit to members, allowing them to enforce it, making it compatible with the beneficiary principle.
What is the Contract Holding Theory in the context of trusts?
The Contract Holding Theory treats a gift as an accretion to funds that are the subject matter of a contract between members.
According to Re Lipinski, how is the significance of a stated purpose in a gift viewed?
Re Lipinski allows for relegating the significance of a stated purpose, viewing it as a motive for making the gift rather than a strict requirement to follow.
Under the Re Recher construction, how can a legacy be used?
Under the Re Recher construction, the legacy can be used as decided by the members.
What is the limitation on a non-charitable purpose trust according to Re Denley?
According to Re Denley, a non-charitable purpose trust must use the money for the stated purpose and is subject to a 21-year limit.
What is the purpose of alienability in a trust?
To prevent money from being tied up within a trust for too long and to ensure it can be spent.
In the case of Re Grant, why is it important for the association to have complete autonomy over assets?
To prevent alienability and to allow members to wind up and divide assets among themselves.
What are anomalous exceptions in trusts and how are they treated?
Anomalous exceptions are trusts with unique purposes like maintenance for pets or monuments. If they do not fall into established exceptions, they are likely to be void.
What is the maximum period of time allowed for a non-human trust under perpetuity rules?
Max 21 years.
What characteristic of beneficiaries in a will can make a perpetual trust for non-charitable purposes problematic?
The enforceability and control by ascertainable beneficiaries.
What are the requirements for certainty in a trust according to legal precedents?
The objects of the trust must be definite and certain.
Learn about the issues surrounding Quistclose Trusts and the concept of unincorporated associations. Understand that unincorporated associations, not being legal persons, cannot 'own' property or receive gifts due to the beneficiary principle. Explore cases like Burell and Re Denley to deepen your knowledge.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
