5. Private Purpose Trusts and Unincorporated Associations Flashcards
Morice v Bishop of Durham
Beneficiary principle
Re Endacott
o (1) Erection and maintenance of monuments and graves
o (2) Saying of private masses
o (3) Maintenance of particular animals
o (4) Miscellaneous cases
‘For the purpose of providing some useful memorial to myself’ - fails for want of certainty of objects
Mussett v Bingle
Testator established trust for monument to wife’s first husband
Void on perpetuity grounds - no duration specified, so maintenance could have carried on indefinitely
Re Douglas
Trusts for monuments and graves may be charitable on religious grounds if located inside or attached to church
Re Hooper
Money given for upkeep of tablet and window in church = charitable trust
Money given for maintaining family graves and monuments outside church = PPT
‘For as long as the trustees can legally do so’ (i.e. 21 years) - valid
Re Hetherington
Masses said in private are not charitable
Bourne v Keane
Saying of masses in private upheld as a valid testamentary PPT
Pettingall v Pettingall
Trust for £50 each year for upkeep of testator’s favourite black mare upheld as PPT
Re Dean
Testator’s trust for feeding horses and hounds for 50 years if they should live that long upheld
Valid, in spite of not complying with perpetuity requirements
Re Thompson
Testamentary trust upheld for promotion of fox-hunting (this particular type of trust is no longer valid, since fox-hunting ban)
Re Denley
Non-charitable purpose trust that would otherwise be void may be upheld if it is expressed to be for the benefit of ascertainable individuals
What is necessary for this to apply is
o (1) Non-abstract person
o (2) Ascertainable beneficiary
o (3) Complies with perpetuity rules
Re Grant’s Will Trusts
Denley nothing more than an ordinary discretionary trust for the employees as class of beneficiaries
Conservative and Unionist Central Office v Burrell
Definition of UA
o (1) Two or more persons
o (2) Non-business common purpose
o (3) Set of rules and regulations
Cocks v Manners
Gift for present members beneficially
Gift to a particular convent was upheld in favour of the individual nuns
Re Recher’s WT
Gift for present members beneficially
Judge declines to apply this interpretation as a means of upholding a legacy to an anti-vivisection society that had ceased to exist
Re Grant’s WT
Gift for present members beneficially
Construction might apply where name of association is used as convenient label to describe class of persons
Gift to members subject to rules of association
Fails according to this interpretation, since local branch of Labour Party doesn’t have control over its own assets
Neville Estates v Madden
Gift to members subject to rules of association
Artistic Upholstery v Art Forma
Gift to members subject to rules of association
The ‘prevailing view’
Re Horley Town Football Club
Gift to members subject to rules of association
Football ground left for ‘the purposes of the club’ took effect as a gift to the members subject to the club rules
Leahy
Trust for present and future members
Where gift is made to individuals, in their name or in society’s name, but they are not intended to take beneficially, they must take as Ts
Philippe v Cameron
Trust for lawn tennis club held void as a perpetuitous non-charitable purpose trust
Re Lipinski’s Trusts
Applies principle in Re Denley to UAs
Intention to create a trust is likely to be inferred if any of the following apply
o (1) The testator imposes a specific direction or limitation on how the property is to be used (as in Lipinski)
o (2) The legacy refers to the property be held ‘on trust’ (as in Leahy)
o (3) A donation is made to ‘trustees’ of the association (as in Re Grant)
Re Bucks
Surplus assets should be distributed equally between current members at date of dissolution
Re West Sussex
Surplus assets should go to Crown as bona vacantia
