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Trust Law: 'Where an unincorporated association is dissolved, the present law presumes that its sur
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Trust Law: 'Where an unincorporated association is dissolved, the present law presumes that its sur An unincorporated association, such as a club or society, has two or more members bound by a common purpose. With mutual rights and duties arising from a contractual agreement between members which form the rules of the association. The association though has no legal personality, thus is unable to hold property. The beneficial ownership of the property though is influential in determining how the association's assets will be divided on dissolution. The case law in this area is based on two theories of beneficial ownership, contract and trust. A number of tensions have arisen though in light of these two theories which are based on differing principle and authority. Ownership of property in unincorporated associations is generally through the officers of the association. With the property vested to them to hold on trust for the members as...
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