Declarations of Trust are vital for individuals who are buying a property jointly with someone else. Our specialist property lawyers are highly experienced and are on hand to advise on setting up or signing a Declaration of Trust.

A Declaration of Trust, also known as a Deed of Trust, is a legally binding document detailing joint owners’ financial interests in a property. In legal terms, this document sets out the beneficial ownership in the property, as opposed to the legal ownership.

If you buy a house with your partner and are not married or in a civil partnership, you could be at risk of issues if you were to separate in the future.

The Declaration can consider the following key elements:

  • Ongoing financial contributions
  • Initial contributions such as deposits
  • What happens in the event of the death of a co-owner
  • Detail agreements regarding the upkeep, maintenance and repair of the property
  • How the property will be valued when the property is sold
  • How the net sale proceeds will be divided upon sale
  • The acknowledgement of any third party financial contributions and their right to repayment in given circumstances.

It is an important part of buying a property and a practical part of co-ownership. Our team are experts at drawing up the documents. We have guided many couples through this complex law area to ensure that buying a property together is stress-free and avoids potential conflict in the future, saving you both time and money.

How Is a Declaration of Trust Executed?

For the deed to be executed properly it needs to be signed, dated, verified by a (preferably independent) witness, and then ‘delivered’, which simply means showing that you intend to be bound by the deed.

How Long Will It Take?

We can provide a draft of your document within a few days of receiving your instructions. If you have any specific timescales you need to work towards, please let us know.
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What should I expect?

  1. We will ask you to confirm your instructions in writing
  2. We will take the fees upfront
  3. We will obtain a copy of the title for the property
  4. We will send you a draft for approval
  5. We will arrange for you to execute the deed and then this will need to be registered against the title of the property

Declaration of Trust disputes

In some circumstances, despite there being a declaration in place, there can still sometimes be a conflict between the parties involved in the trust.

These issues can arise for several reasons, including if one party feels the Declaration of Trust is unfair or there are issues with how the trust deed was written and its provisions.

Our specialist solicitors can help you resolve disputes swiftly and smoothly as possible with a strong focus on non-confrontational dispute resolution, avoiding the need for lengthy and expensive court action.

Why Choose Us?

Our solicitors are experts in declaration of trust and so are ideally positioned to help you put in place future plans. We have helped many individuals and business owners across the country through the sensitive process of setting up a trust for you and the future of your loved ones.

How to Get in Contact

Please call us on 01234 350 244 or email us at info@dvsolicitors.com for further information and advice about our declaration of trust services. We will happily provide you with a free initial discussion about your individual circumstances.
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