Variations in your financial situations could become overwhelming. However, you would be relieved to know that you can make amendments to your trust deed

It is not as difficult as it sounds. If you have the right information, you could ask your trustee to make trust amendments for you. 

However, it is important to understand that your creditors should agree to the new arrangements. 

I have compiled this complete guide with FAQs and everything you need to know about an amendment trust deed.

What does a trust deed amendment mean?

An amendment refers to the idea of making changes to your trust deed agreement.

This is when your trustee sends a proposal to your creditors. If your creditors agree, your trustee may change the terms of your agreement.

What type of amendments can I make to my trust deed?

You could be allowed to make trust amendments only if your creditors agree. 

These could include:

  • Increase in monthly payments in case you want to pay off your debt early.
  • Decrease in monthly payments if your financial situation has worsened. 
  • Changes in case you have received a bonus, lottery, or a windfall.
  • In case you are unable to make payments to your third parties. You could be allowed time redemption. 
  • If you want your trust deed to become protected. 

Your trustee could send written documents to your third party to review the terms of your agreement. 

Can I make amendments if my financial situation worsens?

Your amendment may change if your income has decreased.

Your trustees will evaluate your financial situation and provide instructions for the problem. 

A document containing your trust amendment clause could be sent to your creditors. If your creditors agree your monthly payments could reduce.

Moreover, you could also get a redemption from your payments.

In case you are made redundant, your trustee could be able to vary the terms  of your deed in your favour. 

However, if you voluntarily apply for a redundancy, it could create complications for you. In this case, legal decisions could be taken against you. Moreover, you could be deprived of your own assets.

trust deed amendment

What benefits will I get if my income increases?

If your income has increased by a significant amount, your trustees could ask to take up to 50%. However, it could depend on the balance of payment and your living expense. 

Moreover, you could be allowed to pay off your trust deeds early. 

Can my amendment deed change if I receive a windfall?

This depends on the amount of money you have received. 

In case it is greater than the amount of money you owe to your creditors, it could be used to cover up your debt payment. This way, you could be discharged earlier.  

What are the alternatives to a trust deed in Scotland?

There are a number of alternatives to a trust deed in Scotland

These include: 

  • Debt management plan: This works best in case you have lost your job. In this case you pay less than the minimum on a monthly basis. In return your creditor stops charging you with the interest amount.
  • Individual voluntary arrangement (IVA): In case you owe and amount exceeding £6,000, this could be the best option for you. Moreover, it could help you prevent your house from getting repossessed. 
  • Debt relief order: In case you have debt less than £20,000 and you do not have your own house. 
  • Bankruptcy: This could help pay off your unsecured debts easily. 

An amendment trust could help provide alternative solutions to your trust deed

I would suggest you contact a debt advisor for legal advice. 

How do I make amendments to my trust deed?

You could be able to make changes to your trust deed

Your trustee will evaluate the arrangement of your trusts made. After a analysing your financial situation your trustee will decide the changes that need to be made. 

A notice will be sent to your creditors informing them about the changes. However, you might only be able to make changes if your creditors agree. 

How will my trustee help with my amendments?

Your trustee plays a vital role in your trustee.

Initially your trustee has 3 jobs. 

  1. Advice you about your amendment clause:

This means your trustee will help you understand how the changes will impact you.  Moreover, your trustee will ensure if you are satisfied with the agreed terms.

  1. Act as your Nominee:

After your budgets have been approved your trustee will convey the terms with your creditors. Your trustee will ensure that a mutual agreement is agreed. Moreover, your trustee will inform all third parties about the changes made.

  1. Supervise your amendment clause:

Your trustee will ensure all payments are made according to the changes. Further, they will remind you if you have missed any payments.

Frequently Asked Questions (FAQs)

How will applying for bankruptcy help?

Applying for a bankruptcy could help you eliminate any type of unsecured debt.

Moreover, you could be able to increase your credit score in the future.

Who do I contact for a trust deed advice?

If you are already in a trust deed, I would advise your speak to your trustee about your amendment clause.

However, you could reach out to a trust deed adviser for free consultations.

Can I come out of a trust deed?

Since a trust deed is a legal agreement, you could come out of it after you have received your letter of discharge. Otherwise, it could result in the creditors taking legal actions against you.

This could result in the debtor losing their assets.

To conclude

Making an amendment to your trust deed could be difficult. However, it is not impossible.

If you are in the right hands these changes could be made easily. 

Read the guide carefully to understand the type of changes you could make. 

For more information please feel free to contact us.

About the author

Scott Nelson

Scott Nelson is a financial services expert, with over 10 years’ experience in the industry, including 6 years in FCA regulated companies. Read more
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