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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10722
Experience:  Barrister 17 years experience
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I am a qualified Will Writer and experienced in Trust work

Resolved Question:

I am a qualified Will Writer and experienced in Trust work but I understand I cannot draft trust Deeds because it is a restricted legal practice and only a solicitor or a barrister can draft these. however I have been told by a good friend of mine who is a solicitor that this is wrong and I can draft trust Deeds, Could you please tell me which of these views is correct
Submitted: 15 days ago.
Category: Law
Expert:  Buachaill replied 15 days ago.

1. The answer to your question is included in the definition of 'reserved legal services' under section 12 of the Legal Services Act, 2007. Under this 'reserved instrument services' are legal services which are reserved to lawyers. A Deed of Trust is a reserved instrument which would require a formal legal qualification.

Expert:  Buachaill replied 15 days ago.

2. Reserved instrument services is further defined to include '“Instrument” includes a contract for the sale or other disposition of land. So, whilst it would be permissible to draft a trust deed of shares, it would not be permissible to include any trust deed of land.

Expert:  Buachaill replied 15 days ago.

3. So the bot***** *****ne is that you can draft an instrument which is not a Trust of land.

Expert:  Buachaill replied 15 days ago.

4. So, my own view is that the views of the solicitor are not correct. Strictly speaking you cannot draft a Deed of Trust.

Expert:  Buachaill replied 15 days ago.

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