''Re Recher's Will Trusts''

972 Year 972 ( CMLXXII) was a leap year starting on Monday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Spring – Emperor John I Tzimiskes divides the Bulgarian territories, recent ...

Ch 526 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.

Facts

The testator's will on 23 May 1957 gave some of the residual estate to the Anti-Vivisection Society, at 76 Victoria St, SW1, which was construed as being 'the London and Provincial Anti-Vivisection Society'. But this had wound up on 1 January 1957 and amalgamated into The

National Anti-Vivisection Society The National Anti-Vivisection Society (NAVS) is an international not-for-profit animal protection group, based in London, working to end animal testing, and focused on the replacement of animals in research with advanced, scientific techniques. S ...

of 27 Palace Street, SW1. Neither were charities. She died in 1962.

Judgment

Brightman J held that the gifts had failed. They could not be construed as one to the new National Society, only the previous one. If it had still existed, it would have been a gift to the members beneficially, subject to their association contract. Yet because it had ended, nor "saving words", words of trust, there was no such gift to the members. He asked whether the gift would have been valid if the unincorporated association had indeed existed at all at the time. The rules of the society did not purport to create any trusts. He said:

Ch 526, 539

Notes

References

* {{DEFAULTSORT:Re Recher's Will Trusts English trusts case law High Court of Justice cases 1972 in British law 1972 in case law

Facts

Judgment

See also

Notes

References