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Deed of Appointment

A deed of appointment authorises the distribution or transfer of trust assets or capital.

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A Deed of Appointment of Capital Sums is a formal document which records a decision by trustees to distribute (or “appoint”) funds to a beneficiary.

What is a Deed of Appointment of Capital?

A Deed of Appointment of Capital refers to a legal document that authorises the distribution or transfer of trust assets or capital to beneficiaries. It is used when the trustees have the power to distribute or allocate the trust’s capital such as property, investments or funds to specific beneficiaries.

The Deed of Appointment of Capital outlines the details of the distribution, including the specific assets being allocated, the beneficiaries who will receive them and any conditions or restrictions that apply. It acts as a formal record of the trustees’ decision to distribute the trust’s capital to the designated beneficiaries so there can be no uncertainty over the trustees’ intentions.

When the trustees decide to make a distribution of trust assets, they use the Deed of Appointment of Capital to specify which assets are being distributed, how they will be transferred and the rights and obligations associated with the distribution. This document helps ensure transparency, clarity and legal validity in the distribution process.

The Deed of Appointment of Capital should be prepared and executed in accordance with the terms of the trust deed and any applicable legal requirements. It is typically signed by the trustees, and in some cases, the beneficiaries or other relevant parties may also be required to sign as witnesses or to acknowledge their consent to the distribution.

Whilst keeping a formal record of trustee decisions and actions is generally considered as being ‘best practice’, trustees’ powers of appointment are often subject to a requirement that any exercise of the same must be made by deed. Accordingly, any appointment of capital which is not made by deed may be invalid and cause problems for both the beneficiary and the trustees further down the line.

Why choose Price Slater Gawne?

Our specialist team are experienced in drafting and executing deeds of appointment in accordance with the relevant laws and regulations. If you would like to speak to a member of the team, please contact 03333 058375 or email WealthProtection@psg-law.co.uk.

Meet the Team

  • Laura Bywater

    Partner, Head of Wealth Protection

    Laura Bywater

    t:07939 121341

    e: laura.bywater@psg-law.co.uk

  • Gareth Williams

    Partner, Court of Protection & Wealth Protection

    Gareth Williams

    t:07497 839796

    e: gareth.williams@psg-law.co.uk

  • Nina Sperring

    Partner, Wealth Protection

    Nina Sperring

    t:07301 218133

    e: nina.sperring@psg-law.co.uk

  • Gail Galloway

    Senior Associate, Wealth Protection

    Gail Galloway

    t:07399 781788

    e: gail.galloway@psg-law.co.uk

  • Lydia Palmer

    Legal Assistant, Wealth Protection

    Lydia Palmer

    t:07399 565976

    e: lydia.palmer@psg-law.co.uk

  • Marie Fletcher

    Legal Assistant, Wealth Protection

    Marie Fletcher

    t:07399 803662

    e: marie.fletcher@psg-law.co.uk

  • Suzanna Warburton

    Paralegal. Wealth Protection

    Suzanna Warburton

    t:07946 579067

    e: suzanna.warburton@psg-law.co.uk

  • Alexandra Hales

    Paralegal, Court of Protection and Wealth Protection

    Alexandra Hales

    t:07957 958134

    e: alexandra.hales@psg-law.co.uk

What our clients say...

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  • “The whole team has been accessible and very well informed.” Legal 500

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  • “I have received a very caring and professional service from both Laura and Gail. All my concerns were answered in a considerate and prompt fashion. Thank you very much.” Justine Abrahams

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  • “Gail is my solicitor and has helped me in every stage of my husband’s estate. Because I can no longer write she has simplified things for me and is very approachable whenever I ring, and doesn’t make me feel stupid when I ask stupid questions!” Margaret Borthwick

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  • "Gareth Williams, can give advice to HNW individuals with complex planning needs and also acts as a professional deputy for individuals who have been awarded significant personal injury and medical negligence claims, technically very strong and has a great understanding of the needs of the client and how to provide the appropriate solutions and service." Legal 500

    7/7

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If you would like to speak with one of our expert lawyers, just call or email using the information below, or complete this form.

call03333 058375 mailinfo@psg-law.co.uk

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