ABSTRACT
Unincorporated Associations Conservative and Unionist Central Offi ce v Burrell (1982) An unincorporated association has a number of key characteristics including a common purpose where people are bound by mutual undertakings and rules identifying who has control over the body and the terms on which such control is exercisable and the body can be joined at will Neville Estates v Madden (1962) Gifts to unincorporated associations can either be gifts to the members as joint tenants or a gift to members subject to their rights and liabilities (Re Recher’s Will Trusts (1972)) or as a gift held in trust for all present and future members Re Lipinski’s Wills Trusts (1976) A gift held for the members subject to the rules of membership could be used for any purpose within the club’s rules even if a purpose had been specifi ed by the testator Re Grant’s Wills Trusts (1980) A gift to a club which did not have power to dissolve itself could not be upheld under the principle in Re Recher’s Will Trusts (supra) Hanchett-Stamford v A-G (2009)
Sir William Grant: ‘Every trust must have a defi nite object. There must be somebody in whose favour the court can decree specifi c performance.’
