Declaration Of Trust Form for the United Kingdom

Declaration Of Trust Form Template for England and Wales

A Declaration of Trust Form is a legal document used in England and Wales that formally records the beneficial ownership of property or assets held in trust. It establishes the rights, responsibilities, and interests of all parties involved, including trustees and beneficiaries. The document creates a clear record of ownership arrangements, particularly useful in situations where legal and beneficial ownership differ. It is governed by English trust law and provides protection for all parties by clearly defining their respective rights and obligations.

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What is a Declaration Of Trust Form?

The Declaration of Trust Form is essential when there is a need to formally document trust arrangements under English and Welsh law. It is commonly used when multiple parties contribute different amounts to property purchase, for asset protection, or in family arrangements. The document details how property or assets are held, who benefits from them, and in what proportions. It provides clarity on beneficial ownership, helps prevent future disputes, and can be crucial for tax planning purposes. The declaration typically includes details of the trustees, beneficiaries, trust property, and the terms governing the trust arrangement.

What sections should be included in a Declaration Of Trust Form?

1. Parties: Details of trustees and beneficiaries

2. Background: Context and purpose of the trust

3. Definitions: Key terms used in the document

4. Trust Property: Description of assets held in trust

5. Beneficial Interests: Rights and entitlements of beneficiaries

6. Trustee Powers: Powers granted to trustees

7. Trust Terms: Core operational terms of the trust

What sections are optional to include in a Declaration Of Trust Form?

1. Investment Powers: Specific investment authorities for trustees - used when trust includes investment assets

2. Delegation Provisions: Rules for delegation of trustee duties - used when delegation may be required

3. Distribution Rules: Specific rules for distributing trust assets - used for complex distribution arrangements

4. Termination Provisions: Conditions for ending the trust - used when specific termination conditions are needed

What schedules should be included in a Declaration Of Trust Form?

1. Schedule 1 - Trust Property: Detailed inventory of trust assets

2. Schedule 2 - Beneficial Interests: Detailed breakdown of beneficiary entitlements

3. Schedule 3 - Investment Guidelines: Specific investment parameters and restrictions

4. Appendix A - Property Documents: Copies of relevant property documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Declaration Form

Cost

Free to use
Clauses
Industries

Law of Property Act 1925: Core legislation governing property law, covering legal and beneficial ownership, requirements for creation of trusts of land, and trustee powers and duties

Trustee Act 1925: Defines statutory powers of trustees, including investment powers and delegation provisions

Trustee Act 2000: Modern legislation outlining statutory duties of trustees, investment powers and duties, and updated delegation provisions

Trusts of Land and Appointment of Trustees Act 1996: Governs rights of beneficiaries, trustee powers in relation to land, and procedural requirements for land trusts

Land Registration Act 2002: Specifies requirements for registration of interests in land and protection of beneficial interests

Financial Services and Markets Act 2000: Relevant when trust involves financial investments and regulated financial activities

Perpetuities and Accumulations Act 2009: Contains rules against perpetuities and governs the accumulation of income in trusts

Inheritance Tax Act 1984: Tax legislation relevant to trust creation and administration regarding inheritance tax implications

Income Tax Act 2007: Tax legislation governing income tax treatment of trust income and distributions

Taxation of Chargeable Gains Act 1992: Legislation covering capital gains tax implications for trust assets and disposals

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