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Official custodian for charities definition

What does Official custodian for charities mean? In legal practice, this term describes the statutory office that can hold legal title to a charity’s property as a custodian (bare) trustee, while the charity’s trustees retain control of management and decision‑making. In England and Wales, the Official Custodian for Charities is a corporation sole with perpetual succession established by the Charities Act 2011 and operated by the Charity Commission. It may, on the Commission’s direction or at trustees’ request, hold land (and certain other property) for a charity, receive property vested under Commission schemes, orders or vesting declarations, and transfer title when required. Using the...

Official Custodian for Charities: Trust Corporation for Overreaching or Second Trustee?

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A Charity may hold legal title to land or property in its own name only if it is a charitable incorporated organisation or a charitable company.

Land Registry Guidance Practical Guidance 14: Charities explains that the term “Trust corporation” includes:

the Public Trustee (who is not permitted to accept trusts for charitable purposes);
a corporation appointed by the court, in any particular instance, to act as trustee; and
a corporation entitled, under rules made pursuant to section 4(3) of the Public Trustee Act 1906, to act as a custodian trustee.

See section 205(1)(xxix) of the Law of Property Act 1925 and section 17(1)(xxx) of the Settled Land Act 1925, and also section 3 of the Law of Property (Amendment) Act 1926...

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Web page updated on 27/05/2026

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