[asgharsgirl]

can someone help me please!

basically i have an exam in a few days and dont understand the questions :s


1) "critically evaluate whether the trust enforced in Re Denley's trust deeds (1969) was a purpose trust or a trust in favor of a group of beneficiaries"

and 2) "explain the reasons why lewison LJ in hanchett-stamford v attorney general(2009) held that a sole surviving member of an unincorporated association was entitled to the assets of the association on dissolution".

any help would be wonderful please, even some articles etc.

thank you

[ktwolves]

"critically evaluate whether the trust enforced in Re Denley's trust deeds (1969) was a purpose trust or a trust in favor of a group of beneficiaries"

To begin with it is neither a pure purpose trust or Trust having direct beneficiaries.

Re Denley says:
The trust will be valid, though expressed to be for a purpose, the trust was directly for the benefit of indirect beneficiaries who can enforce the trust.
It will be void if the benefit is so indirect or intangible or which is so framed as not to give those persons any locus standi to apply to the court to enforce the trust.

[sophie_snail]

(Original post by asgharsgirl)
can someone help me please!

basically i have an exam in a few days and dont understand the questions :s


1) "critically evaluate whether the trust enforced in Re Denley's trust deeds (1969) was a purpose trust or a trust in favor of a group of beneficiaries"

and 2) "explain the reasons why lewison LJ in hanchett-stamford v attorney general(2009) held that a sole surviving member of an unincorporated association was entitled to the assets of the association on dissolution".

any help would be wonderful please, even some articles etc.

thank you

Read the chapter in your textbook so you understand the concept of purpose trusts and the like, and then read the actual case itself... It can do wonders for your understanding if you can actually read the ratio of the case.

Do the same for Hanchett-Stamford - reading the case (unless it's horrendously complicated) should enlighten you as to why they were entitled to the assets, and if you still don't understand, try reading a couple of textbooks or case summaries.

[jacketpotato]

Listen to Alasdair Hudon's podcasts on certainty of beneficiaries and unincorporated associations (find by google).