A Trust Deed is like many things in life; until you need one, chances are you won’t have heard of it! Some people have heard or seen an advert and often know the term, but the majority of people we speak to don’t understand what it is until they really start looking for help and get advice. So in this article, we’ll be outlining what it is, who uses it and why- so that if you ever need one, you know a bit more about it.
So WHAT is a Trust Deed?
A trust deed is actually a legal document which has been in existence for centuries. It has slightly different meanings and purpose depending on what part of the world you are from but we’ll be focussing on its meaning in Scotland. The first function of the document is that it places your assets and estate in the care of someone referred to as a Trustee. This person is trusted (the clues in the name) with your estate for the duration of the trust deed, which is usually around 3-5 years. Before 1985, this Trustee could be anyone. However, it was decided that a Trustee had to be a licensed insolvency practitioner and hence an expert in insolvency legislation is required to be able to enter into a trust deed (what became a Protected Trust Deed). Continue reading