Lost trust deeds

  • Author : Travis Mitchell - 12-11-2014

If your client has lost a trust deed, and all copies of it, what should they do?

The leading texts are silent on this question, but thankfully my colleague Dominique Hogan-Doran has prepared a thoroughly helpful and practical guide for what to do in order to make an application to the Court seeking a declaration as to the terms of an existing trust. Her post is found here and is well worth a read.

 

As Dominique notes, this is an area in which to tread lightly to avoid unintended tax consequences. Getting this wrong could result in a new trust or a resettlement. But painstaking investigation to piece together the terms of the trust can pay dividends, with recognition of the existing terms of the trust and no nasty tax surprises.

About the Author

Travis Mitchell

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