Welcome to the forum smac34.

I think all of the professionals here would have to advise disclosure and transparency on this subject.

Other members may offer more creative thoughts.

I assume the cheque is for your 3 kids who dont have bank accounts therefore the cheque must go through your account before the funds are withdrawm and split between the 3 kids!!

Paul

To be honest plasticdaft any spare money I have always goes on things for the kids anyway.
I understand that in theory my trustee is entitled to this but it's a bit awkward as I would hate the family member to give money to my family and for the kids not to see any of it.
You are right plasticdaft they are all under the age of 7 so they have no bank accounts of their own.
I certainly wouldn't spend the money....I would keep it for the kids!
Although I wouldn't want to....I suppose I could come clean with my family if there were no alternatives.

If it was a trust deed I was dealing with and it could be demonstrated that it was a gift from a third party on the condition that it was to be used for a treat or similar, then I would say go and enjoy it.

A trustee should not be in a position to lay claim to these kind of beneficial gifts if given in the right circumstances.

Mark

Hi smac34 and welcome.

It's positive to hear another story from someone who has entered into a Trust Deed and it's so far worked as it should for them.

I would always advise transparency regarding anything financial to do with your Trust Deed.

I would tend to agree with Mark. If a family member wishes to treat you and the kids to something and it can be evidenced i.e. source of funds, what the money is spent on etc then I see no problem. Life for many people can still be difficult under a Trust Deed so any opportunity that a family member wants to provide to ease that stress must be looked upon in the correct manner especially when children are involved.

Unfortunately some decisions can come down to the individual opinion of your Trustee.

Thanks for your comments, I will maybe call my trustee and ask what their thoughts are on this.
I would much rather do things the right way and work with my trustee as I have done throughout the trust deed so far.
However, if on this occassion they suggest they would take all of the funds, if I was to cash the cheque elsewhere would this show up anywhere that would highlight that I have recieved these funds or would the money "in theory" go under the radar?
It would at least allow me to think about explaining my situation to my family should this situation happen again.

Probably best using the belts and braces approach, although I fail to see how the Trustee could challenge this on the basis that it is 3rd party funds.

Mark

Hello smac34.

It sounds like you have really generous and considerate relatives. They'd probably hate to think that they had inadvertently put you in a difficult position?

It's a personal call for you, but it does sound as though if they knew about your dilemma they'd still find a way to help out without things becoming quite so tricky?

I have a similar problem...
My parents want to pay for us to go on holiday abroad with them. They know we have no spare money but don't know the extent of our problem..!! My mum is wanting to transfer the money (which will be approx £1500) into my bank account, to then go and pay for the holiday. But obviously that transaction will be picked up in the review! And I don't want to have to get my parents to write a letter to my Trustee confirming the reason for the money- as then I'd have to tell them about the trust deed. Secondly, if you are in a trust deed, are you even allowed to go abroad??!

PS, sorry to hi-jack your post!

You can go abroad Nemo1.

Two possible options for you:

1 - Run it by your trustee. Presumably your parents wouldn't give you the money unless it was to go on this holiday? In those circumstances your trustee might conclude that there's no loss to your creditors if you receive and spend the money in that way.

2 - Subtly persuade your parents to book (and pay for) the holiday for you.

You are right TDA.....it is fantastic to have relatives that are kind enough to give you a few quid.....it would be easier if it was in 2 years time for me right enough....as I am sure Nemo1 would agree, if you dont want your family to know the extent of your debt problems it is a delicate situation.
I have asked about cashing the cheque elsewhere (cheque centre) and it is possible....for a small fee of course.
I will call my trustee to see what their view is on this and hopefully they will understand the situation and be fair with me.....just in case...has anyone out there ever cashed a cheque somewhere like the cheque centre?

We had to tell family, so not to give us money as gifts. Our IP would take everything, money from family or friends was not allowed and we had to declare everything. I hope your IP is more understanding good luck

Whilst I wouldn't advocate dishonesty do IPs normally ask for a full years bank statements when carrying out a review. If so this would be another example of how my Trustees did sweet fa unless told to do so. For the record though I didn't get any gifts so thankfully wasn't put in this position. That said, as the monies are not being given to you but your children, can you not open a bank account in their names (is that possible) and once cheque has cleared put it in their accounts, that way you've at least got confirmation that it's been set aside for them?