Charities and non profit

Creation and ongoing representation of charitable and non-profit entities, including public charities, private foundations, and charitable trusts (charitable remainder trusts and charitable lead trusts).

Assisted an ultra high net worth individual with his charitable endeavors and continued support of research at an elite education institution.  We worked with the individual to establish a non-grantor charitable lead annuity trust, a technique that also incorporated beneficial tax planning for our client.

Provided ongoing pro-bono work for a prominent New York historical museum.

Assisted a client with her estate plan to meet her goal to ensure more than half of her estate goes to giving back to her community and charitable organizations.

Assisted a well-known international sportsman with the creation of an Italian charity to support philanthropic projects and fundraising events in Italy.

Advised a large charity-sector master trust pension trustee on ways in which it could adapt and improve its business model in light of changes in the pensions legal and regulatory arenas, as well as changes in the requirements of, and challenges faced by, charitable employers.

Advising several large, well-known, UK charities in relation to their pension obligations, including in the context on a transfer of former public sector employees under a business sale, and in another case, how a regional branch office might manage its risks and liabilities in relation to a final salary pension scheme in which it participated for non-associated employers in the voluntary sector.

We successfully represented our client in Zhao Hui Fang and another in a case that challenged the application of stamp duty to a residential purchase by a charity. The High Court of Singapore ruled that the additional buyer’s stamp duties regime does not apply to residential property purchased by a charity. The landmark decision had wide-ranging impact on charities and the non-profit sector in Singapore.

Developing a framework agreement and call-off-contract documents in respect of three procurement exercises undertaken on behalf of the Football Foundation, UK's largest sports charity, and related parties.

Developing a framework agreement and call-off-contract documents for Sport England's specialist design consultancy panel.

Paul Hewitt and Phineas Hirsch worked with Jersey advocates for the RSPCA, Cancer Research UK and RAF Benevolent Fund in securing an order that Mrs Ivelaw had retained her English domicile of origin after many years living in Belgium and that she had not intended to revoke an earlier Jersey will benefitting the three charities when she made a later Belgian will.

Acting for SSAFA over several decades. We were on hand to advise when the charity went through a redundancy exercise and TUPE transfer in Germany. We successfully negotiated when two senior executive roles were terminated, alongside more junior members of staff, one of whom brought a disability discrimination claim. We also advised an Employment Tribunal in the UK over whether the charity could be held liable for an allegedly discriminatory decision taken by the MOD, securing a ruling in our client's favour.

Acting for charities is an important part of our practice, and we act for non-profit organisations on a range of legal matters. In one recent instance we were called on by one of the UK's largest cancer support charities to assist in the acquisition of new headquarters in London.

The Association of NHS Charities is the voice of NHS Charities through England and Wales, and works to represent and support the interests of these organisations as well as offering a network of support. Withers acted on the Association's behalf in preparing the Department of Health's guidance for the deregulation of NHS Charities.

Dr. Lui Che Woo is one of Hong Kong's most successful businessmen, and a member of the Standing Committee of the Chinese People's Political Consultative Conference. Withers was given the opportunity to advise Dr. Lui Che Woo on the creation of his aptly named LUI Che Woo Prize - the 'Prize for World Civilisation'.

An eminent physicist, Michael Crowley-Milling who made English and Swiss wills bequeathed our client the Royal Society “all my assets in the United Kingdom”. The technical definition of United Kingdom excluded almost £1 million in bank accounts in the Channel Islands and the Isle of Man. We successfully argued that the scientific genius had made a geographical error and had also intended to give these assets to the charity.