Declaration of Trust Template for the UK

A Declaration of Trust becomes essential when you're buying property with others and making unequal contributions. For example, if you're putting in 70% of the deposit while your partner contributes 30%, or if parents are helping their child buy their first home but want to protect their investment. It records those unequal shares as tenants in common, so each person's percentage is fixed in writing rather than assumed to be equal.

It's particularly important to create this document before completion when buying with friends, unmarried partners, or family members. This protects everyone if circumstances change, like a relationship breakdown, one owner wanting to sell, or disagreements about maintenance costs. It also matters where dependants rely on the property, since recording who has a beneficial interest gives clear evidence of everyone's rights and prevents costly disputes later.

A Declaration of Trust also supports property held as an investment. Where co-owners let the property and split the rent unequally, the document provides the evidence HMRC expects when income is declared in shares other than 50:50. Landlords who register a property in joint names often put a declaration in place alongside a Form 17 election so the tax treatment matches the actual ownership.

• Declaration Of Trust Tenants In Common: Records unequal property shares between co-owners who can sell or pass on their portion independently
• Declaration Of Trust Nominee Shareholder: Confirms a nominee holds shares on behalf of the true beneficial owner
• Agreement And Declaration Of Trust: Comprehensive version covering both property ownership and ongoing management arrangements
• Declaration Of Revocable Trust: Can be changed or cancelled by the trustor during their lifetime
• Trust Revocation Declaration: Formally ends an existing trust arrangement

• Co-buyers: People buying property together with different contribution amounts, like couples, friends, or siblings sharing a home purchase
• Family investors: Parents or relatives helping someone buy property while protecting their financial stake
• Solicitors: Draft and review Declarations of Trust to ensure legal compliance and protect client interests
• Mortgage lenders: Need to know ownership shares when approving loans and securing their interest
• Property trustees: Hold and manage property on behalf of beneficiaries according to the declaration terms
• Conveyancers: Handle the legal aspects of property transfers and ensure proper registration of ownership shares

• Property details: Gather the exact property address, purchase price, and Land Registry title number
• Financial contributions: Document each owner's deposit amount, mortgage share, and ongoing payment responsibilities
• Ownership split: Calculate and agree on precise percentage shares for each owner
• Personal information: Collect full legal names, addresses, and contact details of all parties
• Future arrangements: Decide rules for selling, buying out others, or passing on shares
• Maintenance costs: Agree how bills, repairs, and improvements will be shared
• Effective date: Record the date the declaration is signed, so the agreed shares apply from a clear point
• Document preparation: Use our platform to generate a legally-sound Declaration that includes all required elements

• Party details: Full legal names, addresses, and roles of all trustees and beneficiaries
• Property description: Complete address and title number of the property being held in trust
• Ownership shares: Clear statement of each party's beneficial interest percentage
• Financial terms: Detailed breakdown of contributions, mortgage responsibilities, and expense sharing
• Rights and obligations: Specific powers of trustees and rights of beneficiaries
• Sale provisions: Process for selling shares or the whole property
• Dependants and beneficiaries: Where the trust protects a family, a declaration of dependants records who relies on the arrangement, so their interest is clear if a co-owner dies or their circumstances change
• Date of the declaration: The date each party signs, which fixes when the beneficial interests take effect
• Governing law: Statement confirming England and Wales jurisdiction
• Execution clause: Signature blocks with witness provisions

A Declaration of Trust and a Trust Deed both deal with property and assets, but they serve distinct purposes in the law of England and Wales. The table below sets out the main differences.

If you need to find the right document, start with a Declaration of Trust where the issue is how co-owners share one property, and a Trust Deed where you need a wider, longer-running arrangement. Both are available as templates you can tailor to your own facts.