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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience:  I have been practising for 30 years.
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We are a crown bowling club who one the site we occupy in

Resolved Question:

We are a crown green bowling club who one the site we occupy in trust. Is it possible to appoint new trustees without the expense of solicitors each time new trustees are needed?
Submitted: 10 months ago.
Category: Law
Expert:  F E Smith replied 10 months ago.

Are you talking about changing the land Registry deeds to the title to the club?

Customer: replied 10 months ago.
No, the land was conveyed to the trustees of the club nearly 100 years ago, and under the term of the deed we need to maintain up to 4 trustees. I am asking if you can tell us the procedure necessary to appoint new trustees. we have 2 at present and wish to appoint 2 more.We do have the land registered
Expert:  F E Smith replied 10 months ago.

There is no formal registration of the trust required, it is simply a case of appointing the trustees by the appropriate deed.

No one has to use a solicitor. If you know what you’re doing, you can do it yourselves.

If you have previously used a solicitor and you have the deed of appointment, you could simply type the wording out on a new piece of paper and hey presto.

You would need two deeds: 1: for any retiring trustees (except in the event of death) and 2:4 appointing new trustees.

If you can’t find what you are looking for on the Internet, I would be pleased to let you have the necessary document which I can submit as a Premium Services proposal for which there is an extra cost. I will need some more information to do that which we can exchange if you accept the proposal.

Can I clarify anything for you meanwhile?

Please rate the service positive. It’s an important part of the process by which experts get paid.

It does not cost you anything but helps me greatly.

Best wishes.

FES.

Customer: replied 10 months ago.
Thank you. I will keep that in mind. Two trustees have died, I need to consult the committee. Does not someone have to witness the death certificates?
Expert:  F E Smith replied 10 months ago.

The death of the trustees would be noted in the appointment deed. It just means changing the wording slightly.

If the outgoing trustees have not died, and the declaration in it is in effect a lie, it invalidates the trust deed anyway. Hence, there is no need to provide proof of the death.

Prior to 1989 the deed needed to be signed sealed and delivered. Post-1989 it needs to be signed witnessed and delivered.

Only 1 witness is required although 2 are preferable and they should both be unconnected to the deed. They could be members of the club though.

Customer: replied 10 months ago.
The current deed of appointment is a long winded 4 page document which details every change of trustees from the year dot! Is this all necessary? And is following that procedure all we would need to do?
Customer: replied 10 months ago.
Sorry, what does the "delivered" mean?
Expert:  F E Smith replied 10 months ago.

It isn’t necessary, no. You just need a deed for each change and just keep them all together. Each deed would refer to the previous deed.

Delivered means literally what it says. Handed over. In a legal context it means that it was intended to take effect. It’s like exchanging contracts for house purchase. You deliver the contracts to each other.

Customer: replied 10 months ago.
Many thanks. A great help! Even I can manage that!
Expert:  F E Smith replied 10 months ago.

It was my pleasure to assist you. Please don’t forget to use the rating service. That’s what gets me paid.

F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience: I have been practising for 30 years.
F E Smith and 2 other Law Specialists are ready to help you
Customer: replied 10 months ago.
Many thanks Mr Smith. That was much easier than I had thought, and saved our little club a great deal of money, both now and in the future. I'll know where to come again! Regards, ***** *****

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