Q&As

A charity wishes to assign the leasehold title to a property but, out of the five charity trustees named as registered proprietors of the property, three have died and one has retired. New trustees are running the charity but no record can be found of their formal appointment. What needs to be done in order to transfer the legal estate of the property? If the new trustees need to be made parties to the transfer and evidence of their appointment cannot be found, how should this be dealt with? (There is a restriction on title re: dispositions under section 37(2) of the Charities Act 1993).

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Produced in partnership with Lynne Counsell of 9 Stone Buildings
Published on LexisPSL on 06/12/2017

The following Private Client Q&A produced in partnership with Lynne Counsell of 9 Stone Buildings provides comprehensive and up to date legal information covering:

  • A charity wishes to assign the leasehold title to a property but, out of the five charity trustees named as registered proprietors of the property, three have died and one has retired. New trustees are running the charity but no record can be found of their formal appointment. What needs to be done in order to transfer the legal estate of the property? If the new trustees need to be made parties to the transfer and evidence of their appointment cannot be found, how should this be dealt with? (There is a restriction on title re: dispositions under section 37(2) of the Charities Act 1993).

A charity wishes to assign the leasehold title to a property but, out of the five charity trustees named as registered proprietors of the property, three have died and one has retired. New trustees are running the charity but no record can be found of their formal appointment. What needs to be done in order to transfer the legal estate of the property? If the new trustees need to be made parties to the transfer and evidence of their appointment cannot be found, how should this be dealt with? (There is a restriction on title re: dispositions under section 37(2) of the Charities Act 1993).

The Charities Act 1993 was repealed some while ago. Irrespective of this charities must now comply with the provisions relating to the transfer of land found in sections 117–129 of the Charities Act 2011 (CA 2011). In general, charity land may not be disposed of without an order of the court or the Charity Commission (CA 2011, s 117(1)). This is

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