Re Grant's Will Trusts
A gift to a local branch of a political party failed, because its members could not control its property, which was subject to the rules of the national party.
Facts
A testator left his estate to the Labour Party Property Committee for the benefit of the Chertsey Headquarters of the Chertsey and Walton Constituency Labour Party. The local party was subject to the rules of the national Labour Party, which could change its rules and control how its property was used. The question was whether the gift was valid.
Legal principle
Vinelott J held that the gift was void. The gift could not take effect as a gift to the members of the local party, subject to their contractual rights under the rules, because the members did not control the property: the national party could direct how it was used, and the local members could not decide to divide it among themselves. The gift was therefore a non charitable purpose trust, which failed.
Related cases on purpose trusts and unincorporated associations
- Re Astor's Settlement Trusts [1952] Ch 534
- Re Bucks Constabulary Widows' and Orphans' Fund Friendly Society (No 2) [1979] 1 WLR 936
- Conservative and Unionist Central Office v Burrell [1982] 1 WLR 522
- Re Dean (1889) 41 Ch D 552
- Re Denley's Trust Deed [1969] 1 Ch 373
- Re Endacott [1960] Ch 232
- Hanchett-Stamford v Attorney General [2008] EWHC 330 (Ch), [2009] Ch 173
- Re Hooper [1932] 1 Ch 38
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