Probate Office asking for 200 signatures

John_Chip · 17 July 2017 at 5:53PM

Hello,

I'm in the process of buying a property (probate) the proceeds of which are being split 50/50 between a relative and a charity.

The Probate Office are asking for all 200 signatures of every board member of the charity - each in writing, not a response to an email or fax.

Has anyone ever experienced this?

It seems it could take forever to get these signatures given that board members are likely to be on holiday, ill, moving house etc etc

Any advice please?

Thank you.

John

John_Chip · 17 July 2017 at 5:57PM

Btw - forgot to say the charity is the executor.

00ec25 · 17 July 2017 at 6:03PM

something must have got lost in translation because a charity with 200 trustees MUST have a nominated (single or dual) signatory with authority to sign legal undertakings on behalf of the charity

xylophone · 17 July 2017 at 6:22PM

The charity has been named as executor?

http://www.rememberacharity.org.uk/wp-content/uploads/Practioner-Leaflet-web-version-Apr-11.pdf

Naming charities as executors
Some clients like to appoint a charity as executor, either alone or with an
individual. This is perfectly in order, although it can cause difficulties if a
charity does not have Trust Corporation status. In that case the charity has to nominate an individual to take out the grant on its behalf.

It may be preferable to nominate the holder of a particular office (e.g. the
finance director at the time of death). You should discourage clients from
appointing an individual by name, in case that person has left the charity
by the time your client dies.

Also bear in mind that some smaller charities may lack the expertise, or
the desire, to administer an estate themselves.

In all cases where a charity is named as an executor it is prudent to consult the charity in question at the time the Will is made to confirm whether they have Trust Corporation status, and their protocol if they do not.

Above may be relevant.

Have you /your solicitor checked with the charity?

G_M · 17 July 2017 at 8:21PM

I can't assist with the specific problem, but woud urge anyone else reading this thread and contemplating their will NOT to appoint as Executer(s)

* a bank
* a solicitor
* a charity
* any other professional

unless you have absolutely no alternative (ie no trusted relatives or friends.)

Remember a relative who is Executer who feels out of their depth, or gets confused, or has no time, can themselves choose to employ a solicitor either for the entire process, or for specific limited jobs.

But naming a professional just adds huge cost to managing the Estate as well as potentially causing issues (as we see here).

John_Chip · 17 July 2017 at 8:22PM

Thanks for the information.

I don't know if the charity has trust corporation status.

It just seems odd that signatures from every board member is required - I would imagine, as has been said, that a chief executive officer of the charity could sign any paperwork.

This is what the estate agent, and the vendor's solicitor are telling me - I have yet to instruct my solicitor to get involved and ask direct questions.

Thanks

John

xylophone · 17 July 2017 at 8:52PM

I have yet to instruct my solicitor to get involved and ask direct questions.

Then do so asap?

getmore4less · 17 July 2017 at 9:36PM

Someone has messed up or does not have a clue.

Only those named on the grant would need to sign any documents on behalf of the deceased(200 on that doc would be unusual) .

There can only ever be a max 4 legal owners of a property that are needed to sign off the change in ownership.

highly unlikely it is the probate office,

they are the easy one to pin the mess on.

bouicca21 · 17 July 2017 at 9:54PM

Well I'm involved as a trustee with two charities both of which recently received legacies. In neither case was it necessary for all the trustees to sign anything (and what kind of charity has 200 trustees? that's a recipe for disaster in itself, imho)

John_Chip · 17 July 2017 at 10:56PM

Thanks again.

I only found out about this today, and I will be instructing my solicitor tomorrow.

So - it would be strange to have a charity with 200 trustees not to have a chief officer to sign this off?

I think there must be some error in the process or misunderstanding - it just seems highly unusual.

I will let you know how I get on.

John

G_M · 18 July 2017 at 12:47PM

bouicca21 wrote: »

Well I'm involved as a trustee with two charities both of which recently received legacies. In neither case was it necessary for all the trustees to sign anything (and what kind of charity has 200 trustees? that's a recipe for disaster in itself, imho)

The difference is that you were receiving legacies. Your charities were simply Beneficiaries under the will, so the Executers of that will simly wrote you cheqques once they had obtained Probate.

In this case, the charity has been named as the Executer (for some inexplicable reason), so it is the charity that has to apply for Probate.

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Probate Office asking for 200 signatures

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