Re Lipinski's Will Trusts

Re Lipinski’s Will Trusts
Citation(s)	[1976] Ch 235
Keywords
Certainty, express trusts

Re Lipinski’s Will Trusts [1976] Ch 235 is an English trusts law case, concerning the policy of the "beneficiary principle" and unincorporated associations.

Facts

Mr Harry Lipinski, who was active in the Hull Jewish community, gave the residual part of his estate ‘as to one half thereof for the Hull Judeans (Maccabi) Association in memory of his late wife to be used solely in the work of constructing the new buildings for the association and/or improvements to the said buildings’. The other half was one quarter for the Hull Hebrew School (Talmud Torah), and one quarter for the Hull Hebrew Board of Guardians. The next of kin challenged these provisions, questioning whether the gift to the association would not be void.

Judgment

Oliver J held that the bequest was to the association absolutely, so in fact they did not need to use it for buildings (only constrained by the contract). The purpose was within the association’s power to do, and it would be up to them to honour it.

“

If a valid gift may be made to an unincorporated body as a simple accretion to the funds which are the subject matter of the contract which the members have made inter se… I do not really see why such a gift, which specifies a purpose which is within the powers of the association and of which the members of the association are the beneficiaries, should fail… Where the donee association is itself the beneficiary of the prescribed purpose, there seems to me to be the strongest argument in common sense for saying that the gift should be construed as an absolute one within the second category…

”

Oliver J also remarked upon Re Denley as a Re Bowes type of case, where a purpose is disregarded, while saying it was ‘both with authority and with common sense’.

Trust enforceability cases

Morice v Bishop of Durham [1805] EWHC Ch J80

Saunders v Vautier (1841) EWHC Ch J82

Re Astor’s Settlement Trusts [1952] Ch 534

Re Andrew’s Trusts [1905] 2 Ch 48

Re Shaw [1957] 1 WLR 729

Re Endacott [1959] EWCA Civ 5

Re Denley’s Trust Deed [1969] 1 Ch 373

Re Osoba [1978] EWCA Civ 3

Recognition of Trusts Act 1987, Sch 1, art 18

Bermuda Trusts (Special Provisions) Act 1989 ss 12A and 12B

Twinsectra Ltd v Yardley [2002] UKHL 12

Perpetuities and Accumulations Act 1964 ss 1 and 3

Perpetuities and Accumulations Act 2009 ss 5, 7-11

Beneficiary principle and English trusts law

Sources on associations

The Satanita [1897] AC 59

Leahy v Attorney‐General for New South Wales [1959] UKPC 1

Re Recher’s Will Trusts [1972] Ch 526

Re Lipinski’s Will Trusts [1976] Ch 235

Re Grant’s Will Trusts [1979] 3 All ER 359

Conservative and Unionist Central Office v Burrell [1982] 1 WLR 522

Re West Sussex Constabulary Trusts [1971] Ch 1

Re Bucks Constabulary Society (no 2) [1979] 1 All ER 623

Hanchett-Stamford v Attorney-General [2009] Ch 173

Industrial and Provident Societies Act 1965 s 1

Friendly Societies Act 1974 s 54(1)

TULRCA 1992 ss 12-14

Companies Act 2006

Charities Act 2011

Beneficiary principle and English trusts law

English trusts law

Notes

References

External links

This article is issued from Wikipedia - version of the Wednesday, January 20, 2016. The text is available under the Creative Commons Attribution/Share Alike but additional terms may apply for the media files.