When Would You Need a Deed of Trust

Posted onOctober 4, 2023

If you're involved in property, asset management or estate planning, you may have come across the term "Deed of Trust".

A Deed of Trust, often called a Declaration of Trust, is a formal document that outlines the ownership rights of joint property owners.

But when exactly would you need a Deed of Trust? That's what we will explore in this blog. Read on to learn what a Deed of Trust is and why you might need one.

What Is a Deed of Trust?

A Deed of Trust is a legal document that sets out the terms and conditions for managing assets, property or investments. It essentially creates a trust - a legal entity holding assets for specific individuals or entities called beneficiaries.

Property Ownership

People often need a Deed of Trust when sharing property, as it helps them officially agree on roles and ownership. It is particularly useful, as it stops any arguments if the partnership is to end.

Estate Planning

Deeds of Trust are invaluable in estate planning. They allow a smooth asset transition of your assets to your loved ones when you pass away. You can establish a trust to hold assets, with a trustee to manage and distribute them according to your instructions.

Asset Protection

For business owners or high-net-worth individuals with significant assets, protecting assets is crucial. A Deed of Trust can be a useful tool in this regard. By placing your assets in a trust, you can shield them from potential creditors, legal disputes or unforeseen liabilities.

Investment Management

Deeds of Trust are useful when people join forces to invest together. For example, a Deed of Trust can establish the investment rules for a group of people looking to invest in property or a business. They can specify details like profit sharing and decision-making.

Why Might You Need a Deed of Trust?

In the UK, Deeds of Trust are primarily associated with property and ownership arrangements. Here are some specific situations where you might need one:

Co-owning Property

When two or more people jointly buy a property, a Deed of Trust can specify ownership shares. This document states each person's financial contributions and what they can do as joint owners of the property.

Inheritance Planning

In the UK, Deeds of Trust often facilitate estate planning. You can specify how you will manage and distribute your assets to loved ones after passing.

Mortgages and Lenders

Lenders use a Deed of Trust to secure their interest in the property in the context of mortgage loans. This lets the lender take the property if the borrower doesn't pay the loan. This provides an additional layer of security for the lender.

Asset Protection

Individuals who wish to protect their assets from potential legal claims or creditors, individuals can create a Deed of Trust. This maintains control while protecting assets from financial risks.

Business Partnerships

Business partnerships commonly use Deeds of Trust when multiple parties invest in a venture. The deed outlines each partner's responsibilities and designates who is in charge of various tasks. The partnership will also establish how it will divide assets if it concludes.

How to Create a Deed of Trust

If you need a Deed of Trust, you must go through a few stages. The process typically involves the following steps:

Consult a Legal Professional

Before creating a Deed of Trust, seek advice from an expert like Bell Lamb & Joynson to ensure it follows laws and regulations. Not following laws and regulations could lead to complications. Seeking expert help ensures potential issues are avoided.

Define the Trust's Purpose

Clearly state the trust's purpose, whether for property ownership, estate planning, asset protection, etc. It is vital to be very clear to avoid any misunderstandings or disputes regarding the trust.

Appoint a Trustee

A trustee manages the trust and assets. Choose a trustworthy individual or entity to fulfil this role as they will gain power over your trusts and assets.

Specify Beneficiaries

Identify the beneficiaries of the trust. These are the individuals or entities who will benefit from the trust assets.

Detail Terms and Conditions

Outline trust terms and conditions including asset distribution, rights and responsibilities of the parties involved. Again, it is very important to set the terms and conditions out clearly to avoid any uncertainties.

Sign and Execute

Once finalised, all parties must sign and execute the document according to legal requirements once they agree and finalise the document. Signatures are important to make the document legal on each person's behalf and to show the act of agreement.

Common Mistakes to Avoid

When creating a Deed of Trust, avoid common mistakes that could lead to legal complications or disputes. Here are some pitfalls to be aware of:

Incomplete or Ambiguous Terms

Vague or incomplete terms create confusion and conflict. Be precise and detailed in the document.

No Legal Counsel

Drafting a Deed of Trust without legal guidance risks errors not being apparent until problems arise. Legal counsel can help you navigate the complexities.

Lack of Regular Review

Situations change, so regularly check and revise the Deed of Trust. Doing this will ensure that it still matches your goals and current circumstances.

Inconsistent Execution

Ensure all parties sign and execute the document correctly. Inconsistent execution can invalidate the deed.

Put Your Trust in Bell Lamb & Joynson

A Deed of Trust is a valuable legal tool with diverse uses in property, estate planning and asset protection. In the UK, common uses include clarifying property ownership, estate planning and securing loans.

If you need a Deed of Trust, consulting legal experts is vital to match your intentions and comply with the law. Remember to regularly update it to safeguard assets and meet your financial and legal goals.

Careful drafting offers clarity and peace of mind in personal, financial, and business affairs. Our experienced Conveyancing and Private Client team at Bell Lamb & Joynson will support you every step of the way, always prioritising your best interests.