The Court of Appeal has indicated the extent to which it will control the exercise of discretion by fiduciaries. Robert Pearce QC discusses ‘The Chancellor’s decisions that the grant was in the best interests of the charity and his direction to L to vote in favour of it were given simultaneously, giving L no opportunity …
Continue reading "Charities: The limits of discretion"
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Wills & Trusts Law Reports | Winter 2018 #170The claim was a claim dated 5 September 2016 by the claimants as personal representatives of the late Mr Veliko Aleksic (the deceased), who died on 24 October 2014, for construction of parts of the deceased’s last will. He acquired a house in London in 1960 and a house in Cardiff in 1971.
He left a holographic will, which was undated save for bearing the year ‘2012’. It was signed but there was no attestation clause. It did not provide for the appointment of an executor. The deceased’s estate was valued at £2,750,753, including three houses, one in Montenegro, one in Cardiff, and ...
Paul Ridout and Jelena Serbic report on the Law Commission’s latest proposals for changes to charity law ‘The changes proposed are technical but important, with real practical consequences for charities, including the removal of some of the inconsistencies and complexity that can make charity law difficult to apply and regulate.’ In August 2017 the Law …
Continue reading "Charities: Smoothing the way?"
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There are particular duties, responsibilities and issues to bear in mind when dealing with property matters for charities. Clare Garbett gives an overview ‘Charities have a significant number of rules with which they need to comply – not only general statutory and common law duties but also the guidance of any specific regulators to which …
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Sarah Clune summarises new fundraising laws and the Charity Commission’s enhanced powers under the Charities (Protection and Social Investment) Act 2016 ‘The Commission will apply the principles in its decision review procedure, to ensure that representations are considered in an objective and timely manner but the power is not appealable to the First Tier Tribunal …
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Michael Colledge and Chris Rowse advise charity trustees on best practice when faced with litigation ‘Charity trustees must act in the best interests of their charity, protect and secure its assets, and ensure that charity funds are expended in furtherance of the charity’s aims, principles that must guide any decision as to whether to engage …
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Wills & Trusts Law Reports | October 2016 #163Evelyn Irene Farmer (the deceased) died on 12 January 1996 leaving a will dated 10 August 1993 (the will). The claimants were five of the ten charitable remaindermen under the trusts created under the will. They took absolutely upon the deaths of the deceased’s son and daughter in law. The deceased’s son was deceased but the daughter in law was still alive, and consequently the claimants’ interests were yet to fall into possession. The defendants were the executors of the deceased’s estate.
In 2007, the defendants wrote to the claimants enclosing an interim...
Simrun Garcha provides a round-up of relevant Charity Commission decisions ‘The enhanced rigour with which the Commission holds charities accountable is likely to increase now that the Charities (Protection and Social Investment) Bill has been given Royal Assent.’ The Charity Commission, as the sole, independent regulator of charities in England and Wales makes a plethora …
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Mark Pawlowski asks whether political activities should be charitable ‘Should not the line be drawn between objects which are essentially political and objects which are of general social significance?’Charities are becoming more political in character and less concerned with symptomatic relief. The concept of charity today is one of public campaigning, lobbying and self-promotion. But …
Continue reading "Charities: Widening the legal framework"
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In part two of his article on Young v AG [2012], Charles King-Farlow considers the cases the judge relied upon to make the decision ‘There is no specific formula for the creation of a binding trust under English law. What is necessary is that a person holds property for the benefit of other persons or …
Continue reading "Charities: Breaking the mould"
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