Missing Deed of Covenant

Trusts Discussion
1

A Deed of Covenant was drawn up giving a 20% share to a second spouse in the property and also a life interest. On her death the spouse was suppose to bequeath back to the trust the 20% share in the property in her Will. Unfortunately, no such provisions were found in the deceased 2nd spouses’ Will and the Deed of Covenant is now missing.

In the absence of the Deed of Covenant, how can we enforce the covenant if at all.

Alvin David
Cowans Solicitors

2

It would be helpful to have a bit more information. Is it the case that the ‘life interest’ was in the remaining 80%? It does rather sound as though the 20% was also intended as a life interest if the Deed required a gift back. It is difficult to understand the thinking behind the arrangement. Who is claiming - and what?

Caroline Coles
Waughs