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Simple Declaration Of Trust Template for England and Wales

A Declaration of Trust is a legal document used in England and Wales that formally establishes the existence of a trust arrangement, detailing how assets are held by trustees for the benefit of specified beneficiaries. It sets out the respective rights and obligations of all parties involved, including the specific shares or interests of beneficiaries, trustee powers, and the terms governing the trust's administration. This document creates certainty about beneficial ownership and can be particularly important in property transactions or family arrangements.

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What is a Simple Declaration Of Trust?

A Simple Declaration of Trust is commonly used in England and Wales when there is a need to formally document trust arrangements, particularly in situations involving property ownership or asset protection. This document is essential when multiple parties contribute to a property purchase, when protecting assets for future generations, or when clarifying beneficial ownership arrangements. The declaration clearly sets out the rights and responsibilities of trustees and beneficiaries, helping prevent future disputes and ensuring proper asset management. It's particularly valuable for both residential and investment properties, providing clarity on ownership shares and management responsibilities.

What sections should be included in a Simple Declaration Of Trust?

1. Parties: Details of trustee(s) and beneficiaries

2. Background: Context and purpose of the trust

3. Definitions: Key terms used in the document

4. Trust Property: Description of assets held in trust

5. Beneficial Interests: Rights and shares of beneficiaries

6. Trustee Powers: Scope of trustees' authority

What sections are optional to include in a Simple Declaration Of Trust?

1. Investment Powers: Specific investment authorities - include when trust involves investment assets

2. Delegation Provisions: Rules for delegating trustee duties - include for complex trusts with multiple trustees

3. Distribution Rules: Rules for distributing trust income/capital - include for income-generating trusts

What schedules should be included in a Simple Declaration Of Trust?

1. Schedule of Assets: Detailed list of trust property

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

3. Investment Guidelines: Specific investment parameters and restrictions

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

England and Wales

Document Type

Trust Agreement

Cost

Free to use

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