Gibbons & Anor v Smith & Ors

Gibbons & Anor v Smith & Ors

The land is held on trust for the members of the club as at the date of its dissolution in March 2013. The trust is not charitable. The land should be sold and the net proceeds distributed equally among those members or their estates. The costs of the proceedings are to be paid out of the trust property. Directions for identifying members and further orders regarding trustee accounting and relief from liability are reserved for a further hearing.

Parties
Claimant (as Executor of the Estate of Sydney Gordon Mills Deceased): Julia Gibbons; Claimant (as Co Administrator of the Estate of Thomas Charles Hartshorne Deceased): Lyn Woolley; Defendant: Mr Alfred Basil Smith; Defendant: Mr John Fearn; Defendant: Mr Phillip Raymond Haddon; Defendant: Julia Gibbons (as representative of the estate of Eric Unwin deceased)
Jurisdiction
England and Wales
Judgment Date
01 July 2020
Procedural Posture
Part 8 Claim for Directions in the Administration of Trusts / Judgment After Hearing of Unopposed Application
Outcome
Application granted in part; directions given for sale and distribution; further directions reserved.
Legal Topics
Dissolution of Unincorporated Associations, Charitable Trusts, Distribution of Trust Assets, Trustee Duties, Administration of Estates
Trusts and Estates Property Law Dissolution of Unincorporated Associations Charitable Trusts Distribution of Trust Assets Trustee Duties Administration of Estates

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Parties

Julia Gibbons

Claimant (as Executor of the Estate of Sydney Gordon Mills Deceased)

Lyn Woolley

Claimant (as Co Administrator of the Estate of Thomas Charles Hartshorne Deceased)

Mr Alfred Basil Smith

Defendant

Mr John Fearn

Defendant

Mr Phillip Raymond Haddon

Defendant

Julia Gibbons (as representative of the estate of Eric Unwin deceased)

Defendant

Procedural Posture

Part 8 Claim for Directions in the Administration of Trusts / Judgment After Hearing of Unopposed Application

Legal Issues

  1. 1 On what trust or trusts are Plot 1 and Plot 2 held?
  2. 2 Is the trust charitable?
  3. 3 What is the effect of the trust not being charitable?

Ratio Decidendi

The land is held on trust for the members of the club as at the date of its dissolution in March 2013. The trust is not charitable. The land should be sold and the net proceeds distributed equally among those members or their estates. The costs of the proceedings are to be paid out of the trust property. Directions for identifying members and further orders regarding trustee accounting and relief from liability are reserved for a further hearing.

Court Disposition

Application granted in part; directions given for sale and distribution; further directions reserved.

Orders

  • The land (Plots 1 and 2) is to be sold and the net proceeds of sale divided equally among those who were members as at March 2013, or their estates.
  • Claimants’ and Fourth Defendant’s costs to be paid out of the proceeds of sale as trust expenses, assessed on an indemnity basis.