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A common problem for charity trustees is what to do with their property interests when the trustees need to retire or be appointed. This can be a costly exercise in ensuring that the property title is held in the correct names and often frustrating as once the trustee names are updated they can often change again. The process is to apply to the Land Registry by submitting an application form, completing a formal transfer of title and paying a Land Registry fee.
This in itself is cumbersome, but if any of the trustees named on the title cannot be found or lack capacity to sign the transfer, it becomes even more complex. There are however some potential solutions to this problem:
The Official Custodian route can lead to difficulties given that the property is legally in the name of the Official Custodian but the transfer has to be executed by the trustees to be valid. Therefore the option of incorporating the trustees can be a simpler option for a smaller charity.
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