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 s 32 Trustee Act 1925 power of advancement.
Morris, Alec, Bare Trusts and Private Purpose Powers (April 3, 2025).
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