Trustee Declaration Form Template for England and Wales

When you're appointed as a trustee in England and Wales, you must complete a Trustee Declaration Form to formally accept your role and confirm your legal eligibility. This document is legally required under the Trustee Acts and serves as official evidence that you understand your duties and are legally capable of serving as a trustee.

When do you need this document?

You need a Trustee Declaration Form whenever a new trustee is being appointed to any trust arrangement. This includes situations where you're replacing a retiring trustee, being added as an additional trustee to strengthen governance, or being appointed as the first trustee of a newly created trust. The form is particularly crucial for charitable trusts, where the Charities Act 2011 requires additional declarations about your fitness to serve. Corporate trustees must also complete this declaration, with company directors taking responsibility for confirming the organisation's capacity to act as trustee.

Key legal considerations

Your eligibility declaration must confirm several critical factors under English law. You must be at least 18 years old, possess the mental capacity to make decisions as defined by the Mental Capacity Act 2005, and not be an undischarged bankrupt. The form requires you to acknowledge your understanding of key trustee duties, including the duty of care introduced by the Trustee Act 2000, your fiduciary responsibilities to beneficiaries, and your obligation to act in the trust's best interests. You must also confirm your understanding of investment powers and any restrictions within the trust deed. For pension scheme trustees, additional requirements under the Pensions Act 1995 may apply, including knowledge and understanding obligations.

Legal requirements in England and Wales

Under the Trustee Act 1925 and Trustee Act 2000, all trustee appointments must be properly documented and evidenced. Your declaration must be signed and witnessed, creating a legal record of your acceptance. The Charities Act 2011 imposes additional requirements for charitable trust trustees, including declarations that you're not disqualified from acting as a charity trustee. If you're a corporate trustee, the Companies Act 2006 requires that company directors formally authorise the appointment and confirm the company's capacity to act. The Data Protection Act 2018 and UK GDPR also apply, as trustees handle personal information in trust administration. You must maintain proper records and ensure data protection compliance throughout your tenure.