Trust Declaration Form for the United Kingdom

Trust Declaration Form Template for England and Wales

A Trust Declaration Form is a legal document governed by the laws of England and Wales that formally establishes a trust arrangement. It sets out the terms under which assets are held by trustees for the benefit of specified beneficiaries. The document details the trust property, trustee powers, beneficiary rights, and administrative provisions in accordance with English trust law principles and relevant legislation including the Trustee Acts of 1925 and 2000.

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What is a Trust Declaration Form?

A Trust Declaration Form is used when establishing a formal trust arrangement under English and Welsh law. It serves as the foundational document that creates the trust, transfers assets to trustees, and sets out the terms of the trust's operation. This document is essential for various purposes including estate planning, asset protection, and charitable giving. The form must comply with strict legal requirements and should clearly define the trust property, beneficiaries' rights, trustees' powers and duties, and administrative provisions. It's particularly important to ensure the Trust Declaration Form meets all requirements under the Trustee Acts and related legislation.

What sections should be included in a Trust Declaration Form?

1. Declaration: Formal statement establishing the trust and identifying the settlor

2. Trust Property: Detailed description of assets being placed in trust

3. Trustees: Identity and appointment of initial trustees

4. Beneficiaries: Identity and rights of trust beneficiaries

5. Trust Powers: Powers granted to trustees in managing the trust

6. Administrative Provisions: General provisions for trust administration

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

1. Investment Powers: Specific investment authorities beyond statutory powers - used for trusts with significant financial assets

2. Protector Provisions: Appointment and powers of trust protector - used for complex trusts requiring additional oversight

3. Letter of Wishes: Non-binding guidance from settlor to trustees - used when settlor wants to provide additional guidance

What schedules should be included in a Trust Declaration Form?

1. Schedule of Assets: Detailed inventory of initial trust property

2. Schedule of Beneficiaries: Detailed list of beneficiaries and their respective interests

3. Schedule of Trustees' Powers: Comprehensive list of specific powers granted to trustees

4. Schedule of Administrative Provisions: Detailed administrative procedures and requirements

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

Trustee Act 1925: Core legislation defining trustee powers and duties, administrative provisions, and governing appointment and retirement of trustees

Trustee Act 2000: Modern legislation updating trustee investment powers, establishing statutory duty of care, and covering delegation of trustees' functions

Law of Property Act 1925: Legislation regulating property interests, trust property formalities, and provisions specifically relevant for land held in trust

Money Laundering Regulations 2017: Establishes Trust Registration Service requirements, including registration obligations for certain types of trusts and reporting duties

Perpetuities and Accumulations Act 2009: Sets out rules against perpetuities and defines permissible accumulation periods for trusts

Variation of Trusts Act 1958: Provides legal mechanisms and procedures for varying trust terms

Mental Capacity Act 2005: Relevant legislation when dealing with trustees or beneficiaries who may lack mental capacity

Pensions Act 1995: Applicable legislation when trust arrangements involve pension assets

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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