A recent case highlighted the principle of cy-pres in relation to a legacy and the importance of ensuring that there is a clear default beneficiary set out in a Will. Cy-pres can be roughly translated to “as near as possible” and is a principle that can be used to prevent a charitable legacy from failing to take effect by passing it to a similar purpose or charity.

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The issue of whether the Royal Charter brings the same protection from personal liability as registration as a company has long been a vexed one.  Because of the uncertainty surrounding the answer to the question, the Law Commission has decided to launch an investigation into Royal Charter status including the means by which they hold property, the methods of amending Royal Charters and, in particular, whether such bodies confer limited liability.

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Community organisations are being exhorted to take on community assets.  Much is rightly made of the process and procedures.  Legal, practical and financial constraints can often lead to long delays in achieving the objective.  There is a danger that in the course of the process some of the desirable objectives can be lost.  The full version of this article details some of the asset transfer conditions to avoid and this will be explored in more detail in our seminar on Asset Transfer – please see the “Events” section below.

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