Q&As

What steps should be taken where a trust deed has been lost and a copy cannot be located?

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Published on LexisPSL on 24/05/2021

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • What steps should be taken where a trust deed has been lost and a copy cannot be located?

What steps should be taken where a trust deed has been lost and a copy cannot be located?

In the case of a missing trust deed, the first step would be to conduct a very thorough search for the original document or a copy of the document, consider contacting (amongst others) the following people:

  1. the settlor

  2. the current and former trustees

  3. the beneficiaries

  4. any professional advisers who may have seen a copy of the trust deed (eg lawyers, accountants, financial advisors, investment managers etc)

The steps taken to search for the trust deed should be documented, as it may be necessary to note such steps, eg in any statutory declaration or court application that might be required.

If a copy of the trust deed can be located then it might be possible for one of the original signatories or professional advisers to sign a statutory declaration stating that they believe the copy is a true and complete copy of the original. The statutory declaration could also state what is known about

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