I'm really finding it hard to get to grips with gifts/trusts to unincorporated associations and what happens once they're wound up. Please help me with the following past paper question:
£1000 on trust to provide debating rooms for All Souls College Reading Club (unincorporated assoc.)" After Sir Horatio's Death, but before any payments from his estate are made, the Club voted to wind up and cease to exist"
Advise the executors as to whether these gifts constitute valid non-charitable trusts.
As far as I'm aware these associations come under the Exceptions of Re Denley because for purpose trusts, a beneficiary need not be identified if it can be proven there is a benefit for members.
I'm also aware that if the association ceased to exist before the death of te testator it will go back to his estate (a resulting trust)
my understanding as you can probably tell is patchy as best. I would like to know I can apply the following cases to produce a well-rounded answer:
Burrell
neville's estate
Re recher wt
leahy
and any other cases that could help me. Also what happens when the trust has been paid out then the assoc. winds up? Do the members share the money out? If so what case(s) applies to this?
Thanks