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Declaration of Trust
"I need a declaration of trust for a property purchase where I am contributing 70% and my partner 30%, with all future expenses shared equally. The document should specify that any sale proceeds will be distributed according to our initial contributions, in GBP."
What is a Declaration of Trust?
A Declaration of Trust legally records how multiple owners share a property and their individual rights over it. It's especially vital when co-owners contribute different amounts to a purchase or when family members help someone buy a home in England and Wales.
This binding document spells out key details like each person's share of ownership, responsibilities for mortgage payments and maintenance costs, and what happens if someone wants to sell their portion. It protects everyone's interests and helps prevent future disputes by making the ownership arrangement crystal clear from day one.
When should you use a Declaration of Trust?
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'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. Getting it done early prevents costly legal battles and ensures clear evidence of everyone's rights.
What are the different types of Declaration of Trust?
- 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
Who should typically use a Declaration of Trust?
- 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
How do you write a Declaration of Trust?
- 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
- Document preparation: Use our platform to generate a legally-sound Declaration that includes all required elements
What should be included in a Declaration of Trust?
- 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
- Governing law: Statement confirming England and Wales jurisdiction
- Execution clause: Signature blocks with witness provisions
What's the difference between a Declaration of Trust and a Trust Deed?
A Declaration of Trust differs significantly from a Trust Deed. While both deal with property and assets, they serve distinct purposes in English law.
- Legal scope: A Declaration of Trust typically focuses on property co-ownership and specific financial contributions, while a Trust Deed creates a broader trust structure that can manage various assets and complex family arrangements
- Timing and duration: Declarations of Trust usually start when property is purchased and last until sale or transfer. Trust Deeds often operate for generations and can continue after death
- Complexity: Declarations of Trust are generally straightforward documents focused on practical property sharing. Trust Deeds involve more complex arrangements, including detailed succession planning and tax considerations
- Parties involved: Declarations typically involve co-owners and perhaps family investors. Trust Deeds usually need trustees, settlors, and multiple beneficiaries with varying interests
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