Trustee Declaration Form for the United Kingdom

Trustee Declaration Form Template for England and Wales

A Trustee Declaration Form is a formal legal document used in England and Wales that records an individual's or entity's willingness and eligibility to serve as a trustee. The document, governed by the Trustee Acts of 1925 and 2000, captures essential information about the trustee, acknowledges their understanding of responsibilities, and confirms their legal capacity to act. It serves as an official record of the trustee's appointment and their acceptance of the associated duties and obligations.

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What is a Trustee Declaration Form?

The Trustee Declaration Form is a critical document required when appointing new trustees to any type of trust in England and Wales. This document is essential for compliance with the Trustee Acts and ensures proper governance of trusts. The declaration includes personal details, confirmation of eligibility, and acknowledgment of trustee duties. It serves multiple purposes: protecting the trust's interests, providing evidence of the trustee's formal acceptance of their role, and maintaining proper records for regulatory compliance. The form is particularly important for charitable trusts, where additional declarations regarding fitness to serve may be required under the Charities Act 2011.

What sections should be included in a Trustee Declaration Form?

1. Personal Details: Full legal name, address, and contact information of the trustee

2. Trust Information: Name and type of trust, date of establishment

3. Eligibility Declaration: Confirmation of legal eligibility to serve as trustee including age, mental capacity, and bankruptcy status

4. Responsibilities Acknowledgment: Statement acknowledging understanding of trustee duties and obligations under relevant legislation

5. Declaration Statement: Formal declaration of willingness to act as trustee and compliance with trust deed

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

1. Charity Trustee Specific Declarations: Additional declarations required for charity trustees under the Charities Act 2011

2. Corporate Trustee Details: Company details, registration number, and authority to act when trustee is a corporate entity

3. Professional Qualifications: Details of relevant professional qualifications and experience for specialist trustee roles

What schedules should be included in a Trustee Declaration Form?

1. Schedule 1 - Identity Verification Documents: List and copies of required identification documents and proof of address

2. Schedule 2 - DBS Check Results: Criminal record check results for trustees of charities working with vulnerable persons

3. Schedule 3 - Professional Certificates: Copies of relevant professional qualifications and certifications

4. Schedule 4 - Legislative Framework: Summary of key legislation affecting trustee duties including Trustee Act 1925, Trustee Act 2000, and other relevant acts

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
Industries

Trustee Act 1925: Core legislation defining trustee powers, duties, and requirements for appointment and retirement of trustees

Trustee Act 2000: Modern legislation covering trustee investment powers, duty of care, and delegation of trustee functions

Charities Act 2011: Specific requirements for charity trustees, including eligibility criteria and reporting obligations (applicable for charitable trusts)

Companies Act 2006: Requirements for corporate trustees and director responsibilities when the trustee is a corporate entity

Mental Capacity Act 2005: Legislation governing considerations for trustee mental capacity and decision-making ability

Data Protection Act 2018 and UK GDPR: Requirements for handling and protecting personal information in trust administration

Pensions Act 1995: Specific requirements and obligations for pension trustees (applicable for pension trusts)

Money Laundering Regulations 2017: Due diligence requirements and identity verification procedures for trustees

Teams

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