Anyone up for a discussion on Unincorporated association? Still, bit stuck on it. I have posted the question below. Any perspective would be appreciated.
X wishes to make a number of gifts in his will, including a legacy of £25,000 to the Y, an unincorporated association.
X has been a long time member of the Club. The purposes of the Club are to encourage and facilitate the club members’ practice of hiking up to the tarn and swimming in it, to keep the path to the tarn clear and passable and, in good weather, to hold social events, such as picnics, for members of the Club and guests at the tarn and elsewhere in the area. The members of the Club pay annual members’ fees, elect officers every two years, and have a bank account in the name of the Club’s Treasurer, but have no written constitution.
X wants to make a gift to support the purposes of the Club. He wants the money he will be leaving to be given in such a way that it serves these purposes for as long as legally possible. If possible, he does not want the money to belong to the individual current or future members of the club beneficially.
(1) a draft of a clause to be included in the will, setting out the legacy to the Club and,
(2) refer to relevant case law to explain the legal effects of your draft clause. the report should consider, in particular, how the Beneficiary Principle and the Rule Against Perpetuities might potentially affect the validity of the draft clause.
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Unincorporated Association - URGENT watch
- Thread Starter
- 21-10-2017 10:46
- 28-10-2017 20:17
I can't help with the drafting of the will, but (off the top of my head), the beneficiary principle provides that the beneficiary of a trust must be human (unless it is a charitable trust) and rule against perpetuities relates to excessive duration? So as this is providing for something "as long as possible" this might be considered to be perpetual.
May I ask what stage you're at? (degree, GDL, LPC?)