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WILLS ACT 1997 - SECT 47

Dispositions to unincorporated associations of persons

    (1)     A disposition

        (a)     to an unincorporated association of persons, which is not a charity; or

        (b)     to or upon trust for the aims, objects or purposes of an unincorporated association of persons, which is not a charity; or

        (c)     to or upon trust for the present and future members of an unincorporated association of persons, which is not a charity—

has effect as a disposition in augmentation of the general funds of the association.

    (2)     Property which is or which is to be taken to be a disposition in augmentation of the general funds of an unincorporated association must be—

        (a)     paid into the general fund of the association; or

        (b)     transferred to the association; or

        (c)     sold or otherwise disposed of on behalf of the association and the proceeds paid into the general fund of the association.

    (3)     If—

        (a)     the personal representative pays money to an association under a disposition, the receipt of—

              (i)     the Treasurer; or

              (ii)     a like officer, if the officer is not so named—

of the association is an absolute discharge for that payment; or

        (b)     the personal representative transfers property to an association under a disposition, the transfer of that property to a person or persons designated in writing by any two persons holding the offices of President, Chairman, Treasurer or Secretary or like officers, if those officers are not so named, is an absolute discharge to the personal representative for the transfer of that property.

    (4)     Subsection (3) does not apply if a contrary intention appears in the will.

    (5)     It is not an objection to the validity of a disposition to an unincorporated association of persons that—

        (a)     a list of persons who were members of the association at the time the testator died cannot be compiled; or

        (b)     that the members of the association have no power to divide assets of the association beneficially among themselves.



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