Re West Sussex was heard after Neville Estates v Madden but before

Re Recher which approved the Category 2 of Neville Estates and

brought into effect the contract holding approach. West Sussex was
thus decided under the old principle that when a member paid his
subscription he had his right of membership and that was the
consideration. The member had no more entitlement. Gifts from the
outside were treated as gifts for purposes of the association which on
dissolution revert back to the donor if known or go bona vacantia.
Re Buckinghamshire Constabulary Fund (1979) (Re Bucks) heard after
Re Recher and follows the contract holding approach:
All gifts under category 2 of Neville Estates belong to the members;
hence on dissolution they still belong to the members and should be
distributed to them.
If the gift is category 3 then it will revert back on resulting trust.
If the association is moribund (having only one member) then the
funds (if on a category 2 gift) go to the crown as bona vacantia. Re
Bucks clearly reflects the modern contract holding approach and is
likely the correct law.
The Re Bucks approach has been approved and followed in Hanchett-
Stamford v Attorney- General (2009) except for the point about the moribund
association the court in Hanchett stated that the funds would
go on a joint tenancy survivorship basis to the last surviving member.
5.2.4.8 How much does each member receive?
Distribution is normally per capita unless the rules specify otherwise.
Also, if the subscription payments are different distribution is made
in proportion to the subscription (Re Sick and Funeral Society of St
Johns Sunday School, Golcar (1973); Re GKN Bolts and Nuts (1982)).
Unincorporated associations
Definition:
Two or more persons
Non-commercial
purpose
Contractual
relationship
Construction
As gift for the members
subject to the rules
Unless:
Gift made on trust for
the associations purposes;
or it cannot wind itself up
Dissolution
To the members per capita
Unless:
Subscriptions different;
or Category 3 gift (on
trust for the associations
purposes