The Intermediary’s Post

Ensuring that landlords are correctly identified is a significant part of a letting agent’s protocol. When we conduct Compliance Audits, our 40 point check list places a great deal of emphasis on the identity not only of ‘individual’ landlords, but also Limited Companies, Charities, Trusts, Housing Associations, PLCs, and Right To Rent Corps. Due Diligence is paramount when being instructed by a landlord and our most recent #blogs provide an insight into why this is it’s so imperative to get it right.

The debate about pour-over clauses in Canada has been ongoing for a number of years and grows more intriguing as you peel back the layers. The trial and appeal decisions in Quinn Estate are two of several judicial layers that have invalidated pour-over clauses on questionable grounds, thereby imposing an unnecessary obstacle for clients wishing to effectively coordinate their estate plans across multiple instruments and structures. The gift of a portion of an estate to a charity formed by way of a charitable purpose trust would not be invalidated on the grounds of incorporation by reference assuming it is otherwise validly made. Things that make you go hmmm. This instalment of my blog is the first of several dealing with pour-over clauses. Stay tuned! #estateplanning #wills #estates #estateadministration #trusts #pourover #STEP

Even if you're younger and just have a few thousand dollars to your name and a car, these still count as assets which you may want to pass on to your loved ones or a charitable organization #EstatePlanning #WillsAndEstates #LegalAdvice #FinancialPlanning #WealthManagement #CanadianLaw #InheritancePlanning #EstateLaw #PersonalFinance #FamilyWealth

Evictions. They're everywhere at the moment; in the news, in our conferences and filling our feeds on LinkedIn etc. I don't particularly like evictions, especially in the current climate. It doesn't feel like anyone is benefiting from the current process. Tenants have to leave their homes, landlords are having to sell up and local authorities are having to give ridiculous advice to ignore lawful S21 notices and remain in properties as there is no alternative accommodation. I had a conversation with a tenant yesterday who'd been the victim of an illegal eviction 18 months ago and has been let down by the Police and local authorities who've effectively turned a blind eye, despite multiple offences and violence from the landlord. I've signposted him to Cambridge House (Charity) who have been doing amazing work in this field for years. I hope they can give him some support and advice as he's been broken by the experience. On the flip side, I'm off to Middlesbrough next week to hopefully resolve a situation with a tenant who stopped paying rent in July last year, and stopped communicating with the landlords in September. The landlords aren't concerned by the rent arrears and will write them off if the tenant is willing to sign a deed of surrender and vacate the property within an agreed timescale. Landlords are losing faith in the current system and looking to alternative methods to resolve property disputes. I'm hoping the majority will go with mediation as it benefits all parties involved and cuts out the courts. Sadly though, some are choosing to take the criminal path and are carrying out illegal evictions. The sooner we can implement effective changes and resolve the MoJ backlogs the better. On a lighter note, I'm probably the only person to have evicted myself. I lived in a lovely apartment a few years ago that I also managed for the landlord. Unfortunately they had to sell, so to ensure things were above board I issued myself an eviction notice, although I'd agreed to surrender the tenancy and move out within their timescale. #landlords #tenants #mediation #rentersreformbill #illegalevictions #lettings #prs

As a unique partnership between the legal profession and UK charities, the annual Will Aid campaign sees hundreds of solicitors across the UK take part each year – but why do so many of our firms sign up again and again? The answer? This much-loved initiative, which has raised over £24m since 1988 for some of the country’s best loved charities, not only supports their life-changing work but it also provides numerous business benefits to the firms involved. For more on the reasons why solicitors continue to support Will Aid, year after year, check out our article in Chronicle Law. https://ow.ly/aibl50SNpBV #WillAid #willwriting #charityfundraising #solicitors #willsandprobate #willsandtrusts #privateclient

If you own anything in Pennsylvania, you have an estate. Having an estate means what you own, whether it's a vehicle or a bank account, when you die, it goes to your estate. If you have loved ones or even a beloved charity, you may want to make sure what you have goes to the appropriate person or organization. Estate planning is key to this successful end because through it, your estate can be administered properly and according... https://lnkd.in/ektiBuzT

‘Put Up or Shut Up’   Your charity has been left a sizeable legacy, but the executors are not distributing the estate because someone is contesting the Will. To make matters worse, the claimant is failing to prosecute their claim, leaving the estate in legal limbo. What can you do in this situation to overcome the impasse? One option you have is to apply to the court for a ‘Put Up or Shut Up’ order. A ‘Put Up or Shut Up’ order, or a Cobden-Ramsay order to give it its correct name, is a court order that requires the claimant to commence their legal action or drop their claim. In simple terms it’s a court order that says, either ‘put up’ (and issue your claim) or ‘shut up’ (and drop your claim). We have wide experience of dealing with these orders and they can be highly effective in breaking the deadlock that can sometimes arise. However, ‘Put Up or Shut Up’ orders should be used with care. Because the court is taking action that might result in someone being forced to drop their legal claim, judges are cautious about granting them. In one case that recently came before the court, the judge refused the executors’ application after the claimant complained she had not been given a copy of all the relevant documents. Accordingly, steps should always be taken to make sure that a claimant’s queries have adequately addressed before an application to the court is made. If you would like to discuss ‘Put Up or Shut Up’ orders. then please do not hesitate to give me a call or send an email.  

Bombay High Court’s ruling sheds light on the authority of the Charity Commissioner under Section 36 of the Maharashtra Public Trusts Act (MPT Act). Let’s break down the key points: Jurisdiction: The primary purpose of the Charity Commissioner’s jurisdiction is to ensure that the sale of trust property is in the best interest of the trust. This authority is not limited to merely granting permission to a seller chosen by the trust. In appropriate cases, the Charity Commissioner can consider offers beyond those selected by the trust. Fresh Offers and Bidding Process: If the tender process conducted by the trust does not inspire confidence or if there are concerns about transparency, the Charity Commissioner has the discretion to invite fresh offers. In such cases, the Commissioner can even conduct a bidding process to ensure that the trust property fetches the maximum possible price. Three Classic Requirements: The Charity Commissioner’s actions must align with three fundamental requirements: Interest: The decision should be in the best interest of the trust. Benefit: The trust should benefit from the transaction. Protection: The trust’s assets need protection throughout the process. Empowerment of the Charity Commissioner:The Commissioner has the authority to invite offers from the public. If a bidder’s offer is deemed the best, the Commissioner can direct the trust to sell or transfer the property to that bidder. In summary, the Charity Commissioner’s role extends beyond mere permission-granting; it encompasses safeguarding the trust’s interests and ensuring transparency in property transactions. If you have any further questions or need additional information, feel free to ask! #bombayhighcourt #maharashtrapublictrustsact #trust #property #sale #auction #charitycommissioner #legaldeli Reddy & Reddy Law Firm

It's all about class when making trust distributions: solicitor: Before making a distribution from a discretionary trust it's important to check that the person, company, trust or charity is in the included class of beneficiaries, says a specialist solicitor. https://bit.ly/4bohuxZ