Illegible trust deeds


(johnmcfarlan) #1

My client has a series for trust dociuents; pilot trusts for pension death benefits and life policy trusts filled in by hand to mitigate inheritance tax on his death. Recently he suffered a burglary and although the documents were recovered, they were badly damaged by rain to point of almost illegibility. What would the forum suggest the best course of action is: Attach unsigned,undated copies of copies of the originals if available?

Pensions pilot rusts could be re-drawn and a new name given then the pensions managers given new instructions on payment of the Death Benefit to the new trust but the life policy trusts will have been registered with the insurers.

Has anyone else had this problem?

John McFarlan
Medical FInance


(Paul Saunders) #2

I suggest the settler execute a statutory declaration for each trust
with an appendix being a copy of the trust instrument reconstructed as
far as possible.

This can then be used to assist in both interpretation and understanding
of the original document, which will still be the primary trust
document, notwithstanding its dilapidated condition.

Paul Saunders


(johnmcfarlan) #3

Thanks for this…still waiting to see what the originals look like!
John McFarlan
Medical FInance