Trust Deeds: What to do when all is lost?

For lawyers and other advisors who regularly deal with trusts, the golden rule is to always "read the deed". However, what can be done if the deed has been lost?

For lawyers and other advisors who regularly deal with trusts, the golden rule is to always "read the deed". Commonly, trustees continue to administer trusts (sometimes for many years) on the basis of mistaken assumptions about the terms of the trust, which could have been avoided by properly reading the trust deed.

However, what is a trustee to do if the original executed deed has been lost? This can cause many issues for a trustee, including being unable to:

• determine the proper classes of income and capital beneficiaries;