Quistclose Trusts and Unincorporated Associations

An unincorporated association is 2 or more people bound together for one or more common purposes.

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.

The Contract Holding Theory treats a gift as an accretion to funds that are the subject matter of a contract between members.

<p>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.</p> Signup and view all the answers

<p>Under the Re Recher construction, the legacy can be used as decided by the members.</p> Signup and view all the answers

<p>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.</p> Signup and view all the answers

<p>To prevent money from being tied up within a trust for too long and to ensure it can be spent.</p> Signup and view all the answers

<p>To prevent alienability and to allow members to wind up and divide assets among themselves.</p> Signup and view all the answers

<p>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.</p> Signup and view all the answers

<p>Max 21 years.</p> Signup and view all the answers

<p>The enforceability and control by ascertainable beneficiaries.</p> Signup and view all the answers

<p>The objects of the trust must be definite and certain.</p> Signup and view all the answers