S17.3 Deeds Of Assumption, Deeds Of Conveyance, Minute Of Resignation

Owned by Former user (Deleted)
Feb 23, 2015
2 min read

These occur in relation to trusts. A Trust is usually a continuing entity, by means of which the Trustees hold and administer the property for a number of years. The Trustees, however, may not so continue. Some may die, others may become incapacitated through illness and others may wish to resign office. If there was no scope for appointing new Trustees the Trust could find itself with no Trustees to administer it, so existing Trustees can assume new ones to assist in the administration.

This is done by a Deed of Assumption, which narrates that A and B as Trustees of X assume C and D as additional Trustees. It is normal practice for the existing Trustees to convey the Trust property to themselves and the new Trustees by a Deed of Conveyance. 

It is also standard practice to assume new Trustees and convey the property to them in one deed called a Deed of Assumption and Conveyance:

BER 00029 (No.2) 27 Jan. 2010
DEED OF ASSUMP. AND CONVEY. by ?pIAN WILSON ?nFORSYTH?z, Willow Fall, Eccles, Kelso, as surviving Trustee of firm of MESSRS. ?pJOHN S ?fFORSYTH?z, Agricultural Engineers of Eccles Garage, Eccles, containing DISP. - To said ?pIAN WILSON ?nFORSYTH?z and assumed ?pLUCILLE ?nFORSYTH?z, Willow Fall, aforesaid, as trustees for said Firm, equally and survivor, - of ?B (I)(1.) 0.480 acre and (2.) 0.032 acre, I and II referred to in Disp. to John Simpson Forsyth, recorded 23 Jun. 1965 and (II) 0.104 hectare, referred to in Disp. to Ian Wilson Forsyth and another, recorded 15 Mar. 1982, all in Village of ?q?nECCLES?z?D (under exception of subjects in Disp. to Trustees for firm of G and J Waddell, recorded 15 Mar. 1982). Dated 21 Jan. 2010.
- ECCLES GARAGE, ECCLES.

If a Trustee wishes to resign he or she does so by a Minute of Resignation. Often the resignation necessitates the assumption of new Trustees so the whole operation is carried out by one deed, a Deed of Assumption and Conveyance and Minute of Resignation.

These are usually referred to in a Deduction of Title as per the following example:

PTH 01212 (No.23) 25 Apr. 2006
DISP. by Trustees under Deed of Trust by DAVID HENRY BUTTER of Pitlochry - TO CHARLES HAROLD ALEXANDER BUTTER, 12 Pelham Crescent, London, - of 5.768 hectares known as LAGREACH FIELD to south west of and bounded by ATHOLL ROAD, PITLOCHRY, part of lands and Estate of PITLOCHRY, referred to in Disp. to Ion Melville Calvocoressi and others as Trustees, recorded 5 Jul. 1973; which subjects were last vested in Trustees under Deed of Trust by said David Henry Butter, from whom said Granters acquired right by Deeds of Appointment and Minutes of Resignation. Dated 27 Dec. 2005 and 3, 10 and 16 Jan. 2006.
- 14.25 acres
- Impl. of Minutes of Selection PLAN.

For a style for Disposition by sole surviving Trustee see:
PTH 03079 (No.18) 12 Nov. 2007

 

Registers of Scotland (RoS) seeks to ensure that the information published in the Sasines Manual is up to date and accurate but it may be amended from time to time.
The Manual is an internal document intended for RoS staff only. The information in the Manual does not constitute legal or professional advice and RoS cannot accept any liability for actions arising from its use.
Using this website requires you to accept cookies. More information on cookies.