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As with any legal document, the Declaration of Trust must meet various criteria to ensure it will be recognised by law: it must be prepared as a deed (a formal legal document, usually drawn up by a legal professional), all parties concerned must be able to demonstrate that they entered into the agreement willingly and ...
The most common example of when a declaration of trust is used is the situation where an adult son or daughter borrows money for a deposit on a first house from his or her parents. The parents may have a mortgage already, and the terms of that mortgage prevent them from borrowing under another.
A legal document (which may be a deed or other instrument) that creates a trust. The trust document appoints the trustees and states the terms of the trust, including who the beneficiaries are and the trust property that will be subject to the trust.
However, we know that that is not always the case. In our experience, it is always a good idea to get the legalities of any arrangement organised and officially agreed upon in signed writing before moving forward. Set out the terms of the agreement, sign in advance, and date to when the completion of sale goes through.
What documents are needed for a bare trust? A trust deed is the only document you need to set up a trust. The trust deed will specify who the initial trustees are. You can also set up a bare trust through your Will, and in that case the Will is the only document you need.