Protect your interests from the outset with a professionally drafted Declaration of Trust. Our experienced Declaration of Trust Solicitors can help clarify ownership shares, financial contributions and future intentions with confidence. Call 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form to book your free initial consultation.
We prepare legally binding Deeds of Trust for cohabiting couples, unmarried partners, joint property owners, parents contributing to a deposit, friends buying together and anyone who needs clear property ownership arrangements before or after completion. If your circumstances also involve wider private client planning, our trust solicitors can advise on related trust arrangements.
A Declaration of Trust, also known as a Deed of Trust or property trust deed, is a legally binding document that records each person’s beneficial interest in a property and how sale proceeds should be divided. It can deal with unequal deposits, mortgage contributions, renovation costs, gifted deposits, parental contributions and buy-out arrangements if one owner later wishes to leave the arrangement. For more background, read our complete guide to a Declaration of Trust for property.
Do I need to instruct Declaration of Trust Solicitors?
You may need to instruct Declaration of Trust Solicitors if more than one person has a financial interest in a property and you want a clear, enforceable agreement about ownership shares, repayment of contributions and division of equity. This is especially important where the legal title does not reflect who has paid what or what everyone expects to receive if the property is sold.
- You are buying a property with an unmarried partner or cohabiting partner and may also benefit from advice from our cohabitation agreement solicitors
- You are buying property with a friend, sibling, business partner or investment partner
- You are buying using money gifted or loaned by a parent, relative or third party
In these situations, a Declaration of Trust Solicitor can record whether money from parents or relatives is a gift, loan or protected contribution, how ongoing costs should be treated, and how each person’s share should be calculated on sale. If you are still buying the property, our residential conveyancing solicitors can work alongside our private client lawyers where needed.
Speak to our specialist Declaration of Trust Solicitors today to find out whether a bespoke Declaration of Trust is right for your property purchase, gifted deposit, unequal ownership arrangement or cohabitation situation. Call 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form to book a free, no-obligation initial consultation.
What can a Deed of Trust protect?
A Deed of Trust can provide important protection where the legal ownership of a property does not reflect the true financial position. Land Registry records show who holds the legal title, but they do not always show each person’s beneficial interest or entitlement to future sale proceeds.
This can be particularly important for unmarried couples, parents helping children buy a home, friends buying together, business partners purchasing property, or anyone who has contributed money but is not named on the mortgage or title deeds. A properly drafted Declaration of Trust can reduce the risk of disputes by recording the parties’ intentions from the outset. For further context, read our related guide on why a Declaration of Trust matters.
Declaration of Trust Solicitors for property owners across England and Wales
Our experienced Declaration of Trust Solicitors advise property owners, cohabiting couples, unmarried partners, parents, families and investors locally through our office network and remotely across England and Wales, including clients in Amersham, Bath, Brighton, Guildford, Hitchin, Leighton Buzzard, Central London, Milton Keynes, Southampton, Surbiton, Winchester and the surrounding areas.
If you are searching for Declaration of Trust Solicitors and require specialist legal advice on protecting your share of a property, please call 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form to arrange a free, no-obligation discussion. We offer office appointments and remote consultations by telephone or video call.
When should you instruct Declaration of Trust Solicitors?
You should ideally instruct Declaration of Trust Solicitors before completion of a property purchase, while all parties are clear about their contributions and intentions. A Declaration of Trust can also be prepared after completion, but it is usually better to put the agreement in place as early as possible to reduce the risk of disagreement later.
Because a Declaration of Trust can affect beneficial ownership of a property, it should be carefully drafted and entered into only after all parties understand the legal effect of the document. Our Declaration of Trust lawyers can explain the difference between legal ownership and beneficial ownership, advise whether a fixed share or floating share arrangement may be appropriate, and prepare a bespoke deed that reflects your specific financial arrangements. If you are planning to marry after buying a property, it is also important to understand how marriage can affect a Declaration of Trust.
How our Declaration of Trust Solicitors can help you
Our Declaration of Trust Solicitors help couples, family members, parents, friends and business partners put bespoke property ownership arrangements in writing. Every Deed of Trust should be tailored to the property, the parties’ contributions and their long-term intentions.
During your initial consultation, we can advise whether a Declaration of Trust is suitable, what ownership shares should be recorded, how gifted deposits or parental contributions should be protected, and whether fixed or floating shares may be appropriate.
Declaration of Trust matters are handled by our experienced Private Client team and supported by senior expertise from Meg Wilton, Head of Private Client at Elite Law. Meg is a Chartered Legal Executive and Director and is a full member of the Society of Trust and Estate Practitioners. Her specialist private client and trust law experience helps ensure clients receive clear, technically accurate and practical advice.
Our Private Client department can also assist with a broad range of related legal matters, helping individuals and families plan for the future, protect assets, manage estate administration responsibilities and ensure their wishes are clearly documented. Whether you require support with succession planning, tax considerations, trust arrangements or making provision for loved ones, our team can provide clear, practical and personalised advice.
- Trusts
- Wills
- Powers of Attorney
- Probate and Estate Administration
- Estate Planning
- Inheritance Tax Advice
- Islamic Estate Planning, Wills and Lasting Powers of Attorney
Book your free initial consultation with our Declaration of Trust Solicitors
Contact us today and book a free initial consultation with one of our experienced Declaration of Trust Solicitors to talk through your situation in confidence. We can explain your options, advise on the most appropriate structure and provide a clear price quotation at the outset. Simply call 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form.
Frequently Asked Questions About Declarations of Trust
Do I need Declaration of Trust Solicitors if I am buying with my partner?
If you are buying with an unmarried or cohabiting partner, Declaration of Trust Solicitors can help record your ownership shares, deposit contributions and what should happen if the property is sold or the relationship ends. This can reduce uncertainty and help prevent disputes.
How quickly can a Declaration of Trust be prepared?
Timescales depend on the complexity of the ownership arrangements and how quickly all parties provide instructions. If you are close to exchanging or completing on a property purchase, you should contact Declaration of Trust solicitors as soon as possible so the document can be prepared and agreed in good time.
What is the difference between legal ownership and beneficial ownership?
Legal ownership refers to whose names are registered at HM Land Registry. Beneficial ownership refers to who is financially entitled to the value of the property. A Declaration of Trust can record the beneficial ownership, even where the legal title does not show the full financial position.
Can a Declaration of Trust protect a gifted deposit or parental contribution?
Yes. A Declaration of Trust can record whether money provided by parents or relatives is a gift, loan or protected contribution. This can help avoid disputes if the property is sold, if the relationship breaks down or if there is disagreement about repayment of a gifted deposit or family contribution.
Can you help if I am not near one of your offices?
Yes. We advise clients locally through our office network and remotely across England and Wales. We can arrange telephone or video appointments, so you can access specialist Declaration of Trust advice wherever you are based.
