How to get a trust deed in Scotland

1. Talk through your Scottish options

Begin with a free debt advice service. Explain any urgent problem first, such as a court deadline, threatened eviction or action against earnings. Ask whether temporary legal protection is appropriate while advice is being taken.

A trust deed should emerge from a full assessment, not from choosing a repayment figure on an advertisement. The adviser should explain why the proposed route fits better than the Scottish alternatives.

2. Gather the information

Prepare recent income records, benefit notices, bank statements, household bills, creditor balances and asset details. Include joint accounts, disputed liabilities and debts you would prefer to leave out.

Where a figure is uncertain, label it as an estimate. A missing letter should not prevent you asking for advice, but the trustee needs an accurate picture before finalising the proposal.

3. Review the written proposal

Only a licensed insolvency practitioner can arrange the trust deed as trustee. Before signing, check the contribution, expected duration, fees, asset arrangements and what happens if the proposal is not protected.

Ask for important explanations in writing. The provider checklist gives practical questions to take to this discussion.

4. Take the consideration period

Current AiB guidance requires at least three calendar days to consider the required advice and materials. The day the last requirement is supplied and the day of signing are not counted. The information includes the Trust Deed Information Document and Debt Advice and Information Package.

More time can be appropriate where someone needs it. Use this period to ask questions or seek independent advice. Receiving a document electronically is not a reason to sign it immediately.

This is a period before signing, not a general promise that a signed trust deed can be cancelled afterwards.

5. Wait for the protection decision

After signing and the necessary notice, creditors have five weeks to object. The trustee assesses the responses and submits the arrangement for protection where the requirements are satisfied.

Ask how and when you will receive written confirmation. Do not assume that the absence of calls from creditors proves protection. See creditor objections for the legal threshold.

6. Keep the arrangement under review

Save the proposal, payment details, asset agreement and confirmation of protection together. Note your trustee’s contact details and the reporting process for changes.

Tell the trustee promptly if circumstances change. The annual review guide explains how to prepare evidence throughout the arrangement rather than reconstruct it at the end of the year.