Non-Charitable Purpose Trusts

Question 0

Re Astor’s Settlement Trust

Re Shaw

Answer 0

Non-charitable PT are generally void for uncertainty of purpose as well as unidentifiable Bs - unlike CPT the courts will not stretch a definition to uphold the trust
NCPT purporting to be a CPT

Question 1

Morice v Bishop of Durham
Leahy v AG for NSW

Re Endacott

Answer 1

Private purpose trusts are void for want of a beneficiary

They are ‘troublesome, anomalous and aberrant’

Question 2

Re Denley’s Trust Deed

Answer 2

Locus standi of individuals who can be ascertained to benefit directly of indirectly from a NCPT but who do not have a proprietary interest

Also applies to unincorporated associations (doubted in Re Grant’s WT)

Question 3

Re Gillingham Bus Disaster Fund

Answer 3

NCPT may be valid where there are directly or indirectly benefited ascertainable individuals

Question 4

Re Dean

Answer 4

Trust for the care of an animal

Question 5

Re Hooper

Answer 5

Trusts to erect and maintain monuments and graves

Question 6

Broadway Cottages

Answer 6

Fiduciary power for NCPT

Question 7

Re Tyler

Answer 7

Power attached to gift - failure to do the NCP will see a gift over take effect

Question 8

Burrell

Answer 8

Mandate and agency - fiduciary duty

Also definition of unincorporated association

Question 9

Leahy v AG for New South Wales

Answer 9

Unincorporated assoc. not having a legal personality and therefore unable to own property

Also stated that unincorporated associations are NOT exceptions to the rule and will be void

Question 10

Neville Estates

Answer 10

Property transferred for the benefit of the present members of an unincorporated association

Question 11

Hachett-Stamform

Answer 11

Lewison J confirms property-holding theory

Also, if the UIA falls to below two then it will automatically be dissolved

Question 12

Re Lipinski’s WT

Answer 12

Contract-holding theory for unincorporated associations meaning that only current members of the club will be able to benefit

Question 13

Re Recher’s Trusts

Answer 13

Gifts to members of unincorporated associations

Question 14

Re Horley Town FC

Answer 14

Unequal distribution of value of property in larger unincorporated associations

Question 15

Howells

Answer 15

Other uses of contract-holding such as mistaken transactions, etc.

Question 16

Re GKN Bolts

Answer 16

Moribund associations will considered to be automatically dissolved

Question 17

Cunnack

Air Jamaica

Answer 17

If members of the UIA have paid in return for contractual benefits then they will lose all rights as to a claim to recover money - e.g. money paid to provide for members’ widows - also bona vacantia
- this is no longer prevented by a stat provision so submitted that resulting trust would be possible today

Question 18

Re Bucks’ Constabulary Widows

Hachett-Stamford

Answer 18

Dissolution of UIA contract-holding theory

- NB ECHR right to possessions