Hey there! Sign in to join this conversationNew here? Join for free
    • Thread Starter
    Offline

    5
    ReputationRep:
    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.
    Offline

    2
    ReputationRep:
    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?)
 
 
 
Reply
Submit reply
TSR Support Team

We have a brilliant team of more than 60 Support Team members looking after discussions on The Student Room, helping to make it a fun, safe and useful place to hang out.

Updated: October 28, 2017
  • See more of what you like on The Student Room

    You can personalise what you see on TSR. Tell us a little about yourself to get started.

  • Poll
    Will you be richer or poorer than your parents?
  • See more of what you like on The Student Room

    You can personalise what you see on TSR. Tell us a little about yourself to get started.

  • The Student Room, Get Revising and Marked by Teachers are trading names of The Student Room Group Ltd.

    Register Number: 04666380 (England and Wales), VAT No. 806 8067 22 Registered Office: International House, Queens Road, Brighton, BN1 3XE

    Quick reply
    Reputation gems: You get these gems as you gain rep from other members for making good contributions and giving helpful advice.