Q&As

Will a deed of appointment of new trustees which refers to a conveyance serve to transfer the legal title of the property, or is a separate transfer deed required in relation to the property?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 24/09/2018

The following Property Q&A Produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Will a deed of appointment of new trustees which refers to a conveyance serve to transfer the legal title of the property, or is a separate transfer deed required in relation to the property?

When a trustee changes, property can be transferred either by executing a transfer or, in certain cases, by automatic vesting (ie automatic transfer) by way of a deed of appointment. Automatic vesting can also occur by way of change of trustees by resolution in certain circumstances. Property may also be transferred by a vesting order in some situations (for example an order by the High Court following an application to change trustees under section 41 of the Trustee Act 1925 (TA 1925), or the Charity Commission exercising its jurisdiction with the High Court)).

Execution of a transfer is a relatively simple and straightforward way of transferring

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