Unincorporated Associations Framework - Trusts and Equity

Is it UA?

Stipulated expressly in the problem conclusive

Not stipulated ask

Owned by individual/company = legal personality (company law)

2 or more persons bound together for one or more common purposes w/mutual rights & obligations in an organisation which has rules governing the use of property, and which can be joined/left at will (Lawton LJ in Burrell) = UA

Has it dissolved + when?

not dissolved just b/c impractical to operate (ReWilliams Delby Sick Fund)

need positive acts + inactivity (mere inactivity will suffice where it’s prolonged) (ReGNKSportsClub)

In acc. w/rules

By agreement of all interested persons

Court order

Substratum upon which it was founded has gone (i.e. purpose no longer effective)

Originally, bona vacantia (ReBucks)

Currently – to remaining members b/c contract governing the use of property no longer operative, hence can severe their share (Hanchett Stamford v AG)

Has each donation been made validly?

A gift to existing members beneficially

A gift to existing & future members beneficially

Absolute gift to members (usually, for one (Treasurer) to hold on trust for others b/c easier + rules limiting no of people who can hold certain types of interests; e.g. s? LPA 1925) which takes effect as accretion to existing funds under contract

Beneficial transfer

Existence of contract governing the holding/use of property

ensuring Treasurer holds on self-imposed trust depends on contract governing the use & holding of property

formalities – disposition of equitable interest when old members leave & new join

shifting membership

contract “binds” property – not theoretically possible

members can waive/vary the contract by agreement

Purpose trust w/ascertainable beneficiaries (ReBowes type trust as used in ReLipinski)

Donor’s intent in identifying the purpose was to benefit members (e.g. for Maccabi association for construction/maintenance of new buildings) = valid

Donor’s intent was clearly not to confer any particular benefit on anyone/to benefit ascertainable group of people (e.g. general purposes of association) = fails (can’t make a gift to object or purpose – Neville Estates v Madden)

Default position – contract holding theory (ReBucks)

Donor can choose

Donation is genuinely intended for benefit of the members – apply contract...