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.

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Jurisdiction(s): United Kingdom

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