''Re Lipinski's Will Trusts''

976 Year 976 ( CMLXXVI) was a leap year starting on Saturday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * January 10 – Emperor John I Tzimiskes dies at Constantinople, after re ...

Ch 235 is an English trusts law case, concerning the policy of the "

beneficiary principle The beneficiary principle is a policy of English trusts law, and trusts in Commonwealth jurisdictions, that trusts which do not have charitable objects, as under the UK Charities Act 2006 sections 2 and 3, and also do not make the trust propert ...

" and

unincorporated associations A voluntary group or union (also sometimes called a voluntary organization, common-interest association, association, or society) is a group of individuals who enter into an agreement, usually as volunteers, to form a body (or organization) to ac ...

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. 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’.

Notes

References

* {{DEFAULTSORT:Re Lipinski's Will Trusts English trusts case law High Court of Justice cases 1976 in case law 1976 in British law

Facts

Judgment

See also

Notes

References