Trusts and property a best practice guide for declarations of trust and gifting property

As a property practitioner you will be instructed to act by attorneys, deputies, executors or trustees. With the cost-of-living crisis and property prices rising, people seem to be more frequently looking for alternative arrangements when buying a house, and there are more joint owners. A significant proportion of joint purchasers will become embroiled in a dispute over resale, or over the shares in the equity, of the property. A Declaration of Trust is therefore helpful to ensure that everyone gets what they are entitled to in the case of a sale, when there are joint purchasers.


Our panellists will discuss trust and probate matters – restrictions on title, identifying beneficial ownership and accounting to the correct beneficiaries in a probate or trust sale. Speakers will consider:

- whether you can you act for both parties (even if you act for both on a purchase)

- how 'binding' a Declaration of Trust is: stress tests include separation/divorce, rental properties and unequal split of income, and non-standard, complex or unclear trust deeds

- how to vary an existing declaration of trust

- ID – who is your client

- land registry requirements

- mental capacity issues

- gifts of property and the technicalities and pitfalls to avoid.