The first point to consider is the exact dates. In normal circumstances, 'acquirenda' lasts for 4 years from the date you granted Trust Deed (not the date on which it became protected). Your entitlement to the compensation arose at the point of the crash, which is the relevant date for acquirenda.

You mentioned you granted the Trust Deed in 2021 and had the accident in 2025. Was the accident within 4 years of granting Trust Deed? If not, there is no need to consider anything further.

If the accident was within 4 years, you may need to seek specific legal advice if the Trustee asserts a claim. The case law that covers re-opening of Trust Deeds focused on "fully discharged" TDs, which yours is not. If pressed for an answer, I would imagine that the Trustee would not have an interest (his/her discharge having terminated the trust created by the TD), however it is appropriate for the solicitor to notify them as a matter of caution.

I wonder if you may be able to help set my mind at ease.

I entered into a PTD in 2021, the trustee discharged themselves and closed the PTD in 2024 due to my circumstances. This was filed with AiB and I was removed from the RoI 12 months later.

I was involved in a car accident in 2025 and have subsequently accepted an offer of settlement in 2026. I have written confirmation from AiB that the PTD was closed in 2024 and written confirmation from the trustee dated 2024 that states "this can be used as evidence of the failure" they also mention their discharge from it.

I sent these documents to my personal injury solicitor, however they remained adamant and have now sought to contact the old trustee given them a timeframe in which to indicate no claim or state a claim. The PI solicitor has already sent me emails with false/confused information, stating my vesting period is up until 2028 when my PTD was granted in 2021 and closed in 2024. I can forgive that as their area is PI not PTD.

As the trustee discharged themselves and closed the PTD in 2024, refusing to discharge me from my debts (which is fine with me), to my knowledge, that trumps the four year vesting period. The car crash was after the closure date by 10 months and the settlement by 2 years.

I am certain that they then cannot garrnish any of the PI settlement as the timeline dates after the PTD closure. It is my opinion that they cannot have a claim against it as it was not an asset present within the PTD timeframe.

I am fully aware that I now need to deal with creditors indepdently and I have payment plans already with them. However, am I right in saying that the old tustee has no claim over the settlement given the trustee discharge, ptd closure and timeframes?

Thank you for your help.

Lee