Hello Lucalondon and welcome.

Can I just check (based upon your username) that you're resident in Scotland?

Yes I resident in Scotland for last 7 years.

I am a resident in Glasgow for the last seven years

Hi Luca

If your assets were greater than your debts after you gave the money away and you can show this, then a Trustee could not look to recover the money.

Mark

Hi Luca.

If you intend to start a trust deed you might want to check that the trustee agrees with your analysis before you sign.

Hi Luca

As TDA says, it's always best to get their confirmation first before doing anything.

Mark

Hi Luca, yes I would suggest you talk it over first, and then get it in writing. As Mark states, it depends on the situation ou were in by giving the money away. If your assets were greater than your liabilities at that time, you should be fine.

Also worth looking at Section 74 of the Bankruptcy (Scotland) Act 1985 in relation to the position. In particular is the "Partner" you describe "in a relationship" rather than "business partnership." An "Associate" in terms of the Act - is described in many ways but none which appear to refer to "in a relationship" other than in the sense of "spouse/civil partnership" and the term of "partner" appears to refer to business partner. So in that respect does the 5 year term come into play and thus given the transaction was over 2 years ago it possibly becomes irrelevant whether solvent or insolvent at the time of the transaction. This could be worth considering but again talk it over first before proceeding.

Chris