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The rule against perpetual trusts: part 2 – property holding within non-charitable unincorporated associations

Wilde, D. (2021) The rule against perpetual trusts: part 2 – property holding within non-charitable unincorporated associations. Trust Law International, 35 (4). pp. 223-245. ISSN 0962-2624

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Abstract/Summary

Explains how the rule against perpetual trusts (often called the rule against inalienability) applies in the context of donations to non-charitable unincorporated associations. Considers whether the rule should continue to apply, given modern recognition that assets of such associations are held on beneficiary trusts. Suggests some revised understandings of the rule, if it does still apply. Challenges the proposition in Re Grant [1980] 1 WLR 360 (Ch) that donations are only valid if association members are free to divide them between themselves.

Item Type:Article
Refereed:Yes
Divisions:Arts, Humanities and Social Science > School of Law
ID Code:101893
Publisher:Bloomsbury Professional

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