F&GP Meeting November 2017

WR I GLEY S ---- S OL I C I TOR S ----

Mrs S Poole Morrish Solicitors LLP Oxford House Oxford Row Leeds LS1 3BE

Wrigleys Solicitors LLP 19 Cookridge Street Leeds LS2 3AG

12020 Leeds 1

DX:

Direct: 0113 204 5743 tim.wrigley@wrigleys.co.uk

6 October 2017

Your ref:

TFW/22512-1

Our ref:

Dear Sue

The General Federation of Trade Unions Educational Trust ("GFTUET")

I hope you are well. Thank you for instructing us on these matters.

I have now reviewed the property aspects of the agreed scope and report as follows.

1. Is the proprietor correctly described on Land Registry title numbers LT81522, LT167046 and LT79047, and if not advise you on how to rectify the entry.

GFTUET is a trust. Trusts do not have a legal personality separate from the trustees and cannot hold assets in their own name. They should not appear as the proprietor on the registers and it is slightly surprising that this mistake has made it on to the registers. Title will need to be transferred from the current legal title holder to the current trustees or nominee. This may be done using a new land registry transfer form, or a Charity Commission Order. See below. 2. Has the TR1 dated 20 Sep 2012 been correctly executed on behalf of GFTUET? Including whether the transferee is correctly defined, how the GFTUET executed, and whether they needed to refer to section 333 of the Charities Act 2011. The TR1 purports to transfer the legal title from two companies to a trust in the name of the trust. As stated above a trust is not a legal person. The trust lacks legal capacity to contract. The TR1 is void. There is an argument that such a transfer may have taken effect in favour of the individuals who signed it as transferee. The copy of the transfer provided does not show who signed on behalf of the transferee. However, the preferred view is that the

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