A charge imposed by a charging order takes effect as an equitable charge either on the legal estate or on a beneficial interest under a trust of land. A charging order over land must be protected by registration at every stage of the process of obtaining the order to secure the priority of the order over competing interests and, in particular, to ensure that the order is not void as against a purchaser for value. The correct form of protection will vary depending upon the interest in land charged. If the title to the land is registered, a charging order over the legal estate can be protected by notice under the Land Registration

Under section 2(1)(a) of the Charging Orders Act 1979, any interest which the debtor holds beneficially may be charged. See, for example, Walton v Allman in which a wife’s beneficial interest in the property held in her husband’s sole name was made subject to a charging order without it being necessary for the court to quantify

Where a judgment creditor wishes to secure the debt owed to them against property owned by the judgment debtor, they may do so by bringing an application for a charging order pursuant to section 2 of the Charging Orders Act 1979 using the procedure set out in CPR 73. If a property is jointly owned as beneficial joint tenants, the effect of the charging order (whether interim or final) is to sever the beneficial joint tenancy and constitute the owners as beneficial tenants in common in equal shares, see eg: C Putnam & Sons v Taylor. See also Practice Note: Severance of a joint tenancy. The charging order attaches only to the

Banking & Finance analysis: What does the recent case of Bank of Scotland Plc v Waugh tell us about the court's approach to incorrectly executed legal charges?

A charitable incorporated organisation (CIO) is a form of legal entity that is only available to charities. A CIO only comes into existence once it has been registered by the Charity Commission. The CIO form was created in response to requests for a more appropriate legal structure for charities that want to operate using an incorporated entity, but do not want to be subject

We refer you to Practice Note: Charitable incorporated organisations. At section ‘Structure of a CIO’, it states: ‘…A CIO is a body corporate with: • a constitution, which (in the same way as a company) is the main governing document for the CIO • a principal office located in England or Wales, and • one or more members (in addition to the trustees of the charity) who are either not liable, or are limited in their liability to a maximum specified amount, to contribute

Full question: The deceased's Will left his entire residuary estate to a small charity. All executors have died and there are no other legatees. The charity say they do not have trust corporation status and therefore do not have the power to take out the grant. They wish instead to nominate a solicitor to administer the estate. Is this possible and, if so, do you have a suitable oath? As you suggest in your question,

We refer you to Practice Note: What is credit and when is a credit agreement regulated? You will see from that note that: ‘The Consumer Credit Act 1974 (CCA 1974) only regulates agreements entered into by borrowers who are

From the viewpoint of the testator the cash gift to the charity would be inheritance tax (IHT) exempt and, therefore, of substantial value. The question is also whether the receipt by the charity entitles them to claim Gift Aid (the so-called ‘double dip’). This has been looked at in the case of Harris v Revenue and Customs Commissioners. The issue for determination was whether the reduction in IHT due disqualified the payment from

The starting point is the basic premise that trustees of charities must not benefit in any personal way from their position. It is the voluntary principle that makes charities so distinctive. In some very limited circumstances it is possible to pay for trusteeship, see Charity Commission guidance: Trustee expenses and payments, in particular, section 5: Paying for trusteeship. It is possible to pay trustees

A chattel can be gifted to more than one person to own jointly in England and Wales. Section 72 of the Law of Property Act 1925 allows personal property, including chattels, to be conveyed by a person to himself jointly with another person by the same means as it might

Crozier v Crozier is authority that while the parties can achieve a clean break between themselves, they cannot do so in respect of their child, see Q&A: Where parties agree a clean break upon divorce, what is the position with regard to child maintenance, and will that continue to be paid?. In addition, it is not possible to contract out of the right to seek financial provision for the benefit of a child, whether from the court, or from the child maintenance service (CMS), as any agreement or term of an agreement which purports to restrict the right of any person to apply to the CMS for a maintenance calculation is void under