Welcome to the trust deed forum bel219.

I'm not sure of the answer to your question, but one of our experts will be able to provide you with further information soon I'm sure.

Can I just check that your trust deed has become a protected trust deed already?

Have you been given any information about the reasons for the change?

Are the excluded assets you mention your family home, bel219? And your trustee has raised a legal action to force you to include the assets instead?

I don't see how this is possible - unless they are petitioning for your sequestration instead? Have you failed to stick to the arrangement you made with your trustee in the first place?

Hi bel219

I suspect that the Trust Deed was set up to exclude the family home and this received sufficient objections from creditors to fail it from becoming protected.

In the circumstances, the Trustee will be looking to include the previously excluded assets to allow it to gain protected status.

Does this sound right. If this is the case I am amazed that the Trustee or someone from their office has not contacted you to explain the position. The world seems to be full of broken phones recently!

Mark

But it surely is not up to the Trustee to seek the inclusion of the home - they have no locus to do so. It is the debtor's prerogative and the trust deed signed will have given the Trustee no rights over the family home if it was expressly excluded.

Maybe we are off on the wrong track here though - hopefully bel219 will be able to clarify.

Ok found out it's because they have made an error in one of the documents thye issued and they have to get the court to agree to the changes on the document. So panic over.

I'm glad that's all sorted bel219.