Case law has clearly demonstrated the benefits of joint owners of property declaring their beneficial interests. Declaring interests at the outset of a transaction provides clarity about the parties' intentions and may help to avoid disputes in the future.
This practice note is limited to express declaration of trusts made at the time of acquisition. It does not deal with practice in relation to equitable interests, nor implied, resulting or constructive trusts. It does not include matters relating to variation or severance of trusts.
This practice note is the Law Society's view of good practice in this area, and is not legal advice. For more information, see the legal status.