Hanchett-Stamford v Attorney General

Where an unincorporated association ends with one member left, the property belongs to that member, rather than going to the Crown as bona vacantia.

Citation
[2008] EWHC 330 (Ch), [2009] Ch 173
Court
Chancery Division
Year
2008
Subject
Equity and Trusts
Topic
Purpose trusts and unincorporated associations

Facts

The Performing and Captive Animals Defence League was an unincorporated association that campaigned against the use of animals in performances. Its objects were held not to be charitable, because they were political. Over time, its membership declined until only Mrs Hanchett-Stamford was left. She asked the court to decide whether she was entitled to the association's assets, which included a house and investments.

Legal principle

Lewison J held that Mrs Hanchett-Stamford was entitled to the assets. He said that, where an unincorporated association has only one surviving member, the property belongs to that member, because the members' interests in the property, held subject to the contract between them, accrue to the survivor. It would be unacceptable, and possibly contrary to article 1 of the First Protocol to the European Convention on Human Rights, if the property of the last member's colleagues were to be taken by the Crown. She was free to use the assets as she wished.

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