PSI1.3.22 - Establishment and Administration of Retirement Benefits Schemes: Exempt Approved Schemes and Conformity with Trust Law - Oral trusts


(This archived guidance relates to HMRC discretionary practice before the 6th April 2006. For current guidance on Registered Pension Schemes see the Registered Pension Schemes Manual)

[PN2.4]

An oral trust is created by word of mouth rather than by written document. This includes a directors' resolution which may be accepted as a valid trust (subject to what is said in PSI1.3.23). A contention that any other type of oral trust is valid is likely to be an attempt to show that an exempt approved scheme came into existence before the formal interim deed was executed. Any such case should be referred to the Divisional Manager. (See also PSI1.3.10&11).