Clough & Willis Solicitors aid successful recovery of proceeds of trust deed for Bury Liberal Democrats

Bury Liberal Democrat Group are celebrating after recovering the proceeds of a Trust Deed set up by Sir Edward Hopkinson Holden in 1913, thanks to local man Cyril Baggott and some keen detective work from solicitor, Fiona Gaskell, Partner and specialist in property litigation at Bury based Clough & Willis.

The land and property of Summerseat Liberal Club in Bury were given on Trust in 1913, to provide a home for Liberal party supporters. The local Liberal Democrat Group became aware that the club had closed and the building placed on the market in 2006, so they sought legal advice on how to approach recovery of the legacy following the closure of the club.

Following some research, Mrs Gaskell was put in touch with Mr Baggott, who was a Trustee of the Club and keen to resolve the issue of the proceeds of the legacy. As a Trustee, Mr Baggott had been burdened with the management of the sale of the club and discharging it's debts from the proceeds of sale, after the Club was forced to close due to increasing financial pressures. Finally on Wednesay, 28 May, his task was complete as he presented a cheque of £248,590.70 to the local Liberal Democrat Group.

Mr Baggott said, 'I am relieved that the matter has been resolved. I had been left holding the legacy. The way in which the Trust was to be managed, I struggled to do simple things, such as pay off the electric bill as the utility company would not speak to me. There were also conditions of the deed which I was committed in my capacity of Trustee to ensure were carried out. My thanks goes to Mrs Gaskell for resolving this, and giving me peace of mind knowing that the legacy is in the right hands'

Mrs Gaskell stated, 'this has been an interesting case involving a local piece of history, however it is not unique, we have seen a number of cases involving such deeds over the years. Mr Baggott's experience shows that being a Trustee of a club can be very responsible and onerous, particularly in a situation like this. It is important for people in such positions to seek legal advice and adhere to instructions set out in the deed. Normally there should be a minimum of 2 Trustees, ideally 3 or 4 and when new Trustees are appointed, the legal documentation should be updated. People should consider their responsibilities and not enter into the role of Trustee lightly.'