Chapter 7 Looking for extra marks

. Which case considered that the dissolution of unincorporated associations meant that the purchase of raffle tickets, money in collection tins would be held to be bona vacantia?.

Re Lipinski's WT [1976] Ch 235

Re Bucks Constabulary Widows' and Orphans' Fund #2 [1979]

Re West Sussex Constabulary's Widows, Chidren and Benevolent Fund (1930)

Hanchett-Stamford v Attorney General [2008]

. Which would be the best solution to the following wishes of a settlor;
Luke wants to donate £10,000 to the local book club so that they can buy books for the club to review?

A Re Denley Trust

To interpret it as a purpose trust

A gift to the members as joint tenants.

A gift to the members subject to their contract.

. The Kenning Book Club had twenty members but over the years they have all died or moved from the village, now only Katie, the treasurer, is left. There is £2,000 left in the Club funds. What would be your advice on the ownership of the money?

In Re Bucks Constabulary Widows' and Orphans' Fund #2 [1979] it was suggested that, as the association ceased to exist when there was only one member, the money would be applied for the Crown as bona vacantia.

Following the decision in Hanchett-Stamford v Attorney General [2008] the money would belong to Katie as the last survivor of the club.

Money collected by raffles and collection tins would be applied for the Crown as bona vacantia but larger legacies or donations should be held on resulting trusts.

All money would be held on resulting trusts.

. How did Lord Millett explain the status of a Quistclose Trust.

That the trust was a purpose trust and an extension of the anomalous exceptions

That there was a primary trust for the payment to shareholders. When this failed the secondary trust arose for the donor.

That there was a primary purpose trust and when this failed the secondary trust arose for the donor

That there was a trust for the donor, with the trustee being given a power to use it for a purpose.

. Why did the trust in Re Shaw's WT (1957) fail?

The trust was not charitable as there was no public benefit; it also served no valid purpose and was capricious.

The trust was an invalid purpose.

The trust was not a valid charity.

The trust had no human beneficiaries.

Chapter 7 Looking for extra marks

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