Lost Lifetime Settlement Deed

Trusts Discussion
1

Dear All

I should be grateful for some advice.

A Lifetime Discretionary Settlement was created in 2000. In 2005, a Deed of Appointment of Additional Trustee was executed.

Unfortunately, the original 2000 Settlement Deed has been misplaced and despite best efforts, cannot be located.

This firm are holding a scanned copy.

Questions:-

  1. Can the firm prepare a certified copy?
  2. From experience, will the certified copy be sufficient for financial institutions to invest funds?
  3. If the certified copy is not sufficient, does anybody have experience/suggestions as to how to proceed?

The Settlement was effected with £100 in a bank account. In the deceased’s Will, she left a percentage of her residuary Estate to the Settlement. Executors are now close to concluding the Estate and transferring to the Settlement.

Any advice would be much appreciated.

2

I suggest that one of the trustees executes a statutory declaration confirming that the original trust instrument has been lost and that the (appended) copy is a true copy of the original. Ideally, it should be one of the original trustees who makes the declaration as they will have personal knowledge of the original trust instrument.

Paul Saunders FCIB TEP

Independent Trust Consultant

Providing support and advice to fellow professionals

3

Thanks Paul

That is very useful. Both the original trustees have died. The additional trustee added in 2005 is still alive and may be able to sign such a declaration. Would this suffice in the circumstances?

Thank you

4

Unless the person who drafted the trust instrument is still around and can give the declaration, then the additional trustee is the next best person as they will know that they have been administering the trust on the basis of the copy.

Paul Saunders FCIB TEP

Independent Trust Consultant

Providing support and advice to fellow professionals