If your client has lost a trust deed, and all copies of it, what should they do?
The leading texts are silent on this question, but thankfully my colleague Dominique Hogan-Doran has prepared a thoroughly helpful and practical guide for what to do in order to make an application to the Court seeking a declaration as to the terms of an existing trust. Her post is found here and is well worth a read.
As Dominique notes, this is an area in which to tread lightly to avoid unintended tax consequences. Getting this wrong could result in a new trust or a resettlement. But painstaking investigation to piece together the terms of the trust can pay dividends, with recognition of the existing terms of the trust and no nasty tax surprises.
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