A Deed of Trust to Protect Money in Property is commonly used in England and Wales when multiple parties contribute unequally to a property purchase but aren't all listed on the legal title. This document is essential when family members contribute to purchases, unmarried couples buy together, or parents help children onto the property ladder. It records exact financial contributions, establishes beneficial interests, and provides legal protection for all parties' investments. The deed must comply with English property law requirements and creates a binding trust arrangement that can be enforced through courts if necessary.
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1. Parties: Details of settlor(s), trustee(s), and beneficiaries
2. Background: Context of the trust creation and property details
3. Definitions: Key terms used throughout the deed
4. Declaration of Trust: Core trust provisions and beneficial interests
5. Trustees' Powers: Scope of trustees' authority and responsibilities
6. Trust Property: Detailed description of property held in trust
7. Duration of Trust: Term of the trust and termination provisions
1. Investment Powers: Specific investment authorities for trustees - used when trust includes significant monetary assets
2. Appointment and Retirement of Trustees: Procedures for changing trustees - used for longer-term trusts or where multiple trustees are involved
3. Protection Provisions: Additional safeguards for trustees - used when trustees request additional protection
1. Schedule 1: Property Details: Detailed description of the property including title number
2. Schedule 2: Beneficial Interests: Detailed breakdown of beneficiaries' shares
3. Schedule 3: Contributions: Record of financial contributions by parties
4. Appendix A: Property Register Entry: Copy of Land Registry entry
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