Bare Trusts and Private Purpose Powers

Morris, Alec J (2025) Bare Trusts and Private Purpose Powers. Conveyancer and Property Lawyer, 89 (2). pp. 178-187. ISSN 0010-8200

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Abstract

Private purpose powers are crucial to the functioning of non-charitable unincorporated associations and Quistclose trusts—both of which concern bare trusts. However, a sufficient understanding of what a bare trust is, as well as overreaching, reveals a fundamental problem: explaining how these powers overreach the equitable interests. They can do so, it is argued, when characterised as the s32 Trustee Act 1925 power of advancement.

Item Type: Article
Uncontrolled Keywords: Bare trusts ; Overreaching ; Unincorporated associations ; Quistclose trusts ; Power of advancement.
Subjects: K Law > K Law (General)
K Law > KD England and Wales
Divisions: School of Law
Depositing User: Alec Morris
Date Deposited: 16 Jun 2025 15:06
Last Modified: 16 Jun 2025 15:06
URI: http://bear.buckingham.ac.uk/id/eprint/688

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