Welcome to the forum Robert.

What would be the source of the funds from which your settlement will come? For example, is it from the sale of a jointly owned property?

No just a settlement figure paid directly from my x wife. (personal account).

Thanks Robert.

As it appears that this payment may be a windfall, and that your solicitor appears to be aware of your trust deed, I can totally understand why the solicitor might consider that its appropriate that your trustee decides whether your intentions are acceptable rather than making the decision themselves.

I totaly understand where my solicitor is coming from. Are you saying it is realy up to my tustee to make the destion. I have been in touch with them and the answer I got is it may prove to be too costly to persue any evasive action due to the amounts disscused.

It's likely that you agreed to pay over any windfalls to your trust deed when you signed up. Your trustee would then be obligated to collect them for the benefit of your creditors.

If you failed to do so, it's likely that your trustee will still require that the money be paid over and the trust deed might have to be extended to achieve that. If they considered the breach of the agreement to be serious it might even result in termination of the trust deed or you being made bankrupt.

Your trustee wouldn't be in a position normally to make allowance for new debts that you have incurred since the trust deed began.

Mmm still don't understand why my solicitor can't get the payment. Then pay my nominees and take their fee.. That way I can pay everyone what they are due and everyones happy. Just like buying and selling a house.. Maybe another reason not to sign up to a trust deed. Thanks for the advice.

I'm not sure I agree with you Robert, but we dont have to agree!

The creditors that allowed your trust deed to become protected on the basis of you agreeing to pay over any windfalls wouldn't be happy, nor would the trustee that you chose to oversee the arrangement and ensure that the parties stick to the terms of the trust deed.

In the abacus finance website on FAQs about Scottish trust deeds it says in para45 that any inheritance can be put into trust or made out to someone else untill discharged. Surely this can be seen as being more evasive and dishonest than I am trying to be.. I have no objection to my trust deed getting anything payd directly to me.Is a divorce settlement differant?

I have reservations about the information quoted Robert.

That would be the decision of someone that was writing their will, not the decision of someone that had already inherited.

so in that case my x could ask for the money to go to nominated people as long as I wasn't one of them.. I could however be given money when discharged. Am I right in saying that.

You may wish to discuss those thoughts with your solicitor Robert.

Ok.. Will do. Thanks.