Bare Trusts and Private Purpose Powers

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