Trust Deed / Declaration of Trust (UK)
England & Wales
TRUST DEED
(Declaration of Trust — England & Wales)
THIS TRUST DEED (the “Deed”) is made on [Deed Date]
BY:
[Settlor Name] of [Settlor Address], [Settlor City], [Settlor County], [Settlor Postcode] (the “Settlor”)
IN FAVOUR OF:
[Trustee 1 Name] of [Trustee 1 Address] (the “Trustee” or “Trustees”, which expression shall include any additional or successor trustee appointed under this Deed)
RECITALS
(A) The Settlor wishes to create a trust to be known as “[Trust Name]” (the “Trust”) for the purposes described in this Deed.
(B) The Trust commences on [Commencement Date] and shall continue for the Trust Period, subject to any earlier termination as provided in this Deed.
(C) The Trust is constituted by the transfer of the Initial Trust Fund to the Trustee(s) to be held on the trusts, and subject to the powers and provisions, set out in this Deed.
(D) This Deed is executed as a deed in accordance with section 1 of the Law of Property (Miscellaneous Provisions) Act 1989, and in the case of any trust of land, this Deed satisfies the requirement for writing imposed by section 53(1)(b) of the Law of Property Act 1925 in respect of any declaration of trust respecting land or any interest therein.
NOW THIS DEED WITNESSES as follows:
1. DEFINITIONS AND INTERPRETATION
1.1 In this Deed, unless the context otherwise requires, the following words and expressions have the following meanings:
“Beneficiaries” means the persons or class of persons described in clause 4 of this Deed;
“Initial Trust Fund” means the assets described in clause 3.1 of this Deed;
“Trust Fund” means the Initial Trust Fund and any further assets subsequently transferred to or acquired by the Trustee(s) pursuant to this Deed and the income and investments derived therefrom;
“Trust Period” means [Trust Period], or such shorter period as the Trustee(s) may declare in writing, subject to the perpetuity period under the Perpetuities and Accumulations Act 2009;
“Trustee Act 2000” means the Trustee Act 2000;
“TOLATA 1996” means the Trusts of Land and Appointment of Trustees Act 1996.
1.2 References to statutes include all amendments and re-enactments thereof. Headings are for convenience only and shall not affect interpretation.
2. DECLARATION OF TRUST
2.1 The Settlor hereby declares that the Trustee(s) shall hold the Trust Fund upon the trusts and subject to the powers and provisions set out in this Deed, and the Trustee(s) hereby accept(s) the office of Trustee and agree(s) to administer the Trust Fund in accordance with this Deed.
2.2 The Trust is established as [Trust Type].
2.3 The primary purpose of this Trust is: [Trust Purpose].
2.4 This Deed is intended to create a trust of the Initial Trust Fund within the meaning of section 53(1)(b) of the Law of Property Act 1925 and to constitute the Trust by the transfer of the Initial Trust Fund to the Trustee(s) to be held on the trusts set out herein.
3. TRUST FUND
3.1 The initial Trust Fund comprises the following assets transferred by the Settlor to the Trustee(s), receipt of which the Trustee(s) hereby acknowledge(s):
[Trust Assets]
3.2 The Trustee Act 2000 applies to the administration of the Trust Fund. The Trustee(s) shall maintain accurate records and accounts of all Trust Fund assets, income, expenditure, and transactions, in sufficient detail to enable the preparation of annual trust accounts.
3.3 Where the Trust Fund includes land or any interest in land, the Trustee(s) shall have the powers of an absolute owner in relation to such land by virtue of section 6 of TOLATA 1996, subject to any limitation or exclusion imposed by this Deed.
4. BENEFICIARIES
4.1 The Trustee(s) shall hold the Trust Fund for the benefit of the following persons or class of persons (the “Beneficiaries”):
[Beneficiary Details]
4.2 Vesting Age. Where a Beneficiary’s interest in capital is contingent on attaining a specified age, that age shall be [Vesting Age]. If no Beneficiary attains the vesting age within the Trust Period, the Trustee(s) shall hold the Trust Fund for such of the Beneficiaries as are then living in equal shares absolutely.
4.3 No person may be added to or excluded from the class of Beneficiaries unless this Deed is amended by deed in accordance with clause 9 below.
5. INCOME AND CAPITAL DISTRIBUTIONS
5.1 Income: [Income Provisions].
5.2 Capital: [Capital Provisions].
5.3 The Trustee(s) shall have the powers conferred by sections 31 (maintenance) and 32 (advancement) of the Trustee Act 1925, as extended so that the power of advancement applies to the whole (and not only one half) of a Beneficiary’s vested or presumptive share, and the Trusts (Capital and Income) Act 2013 shall apply to the Trust.
5.4 The Trustee(s) shall have power to appropriate trust assets in or towards the satisfaction of any share or interest in the Trust Fund without obtaining the consent of any Beneficiary.
6. TRUSTEE POWERS AND DUTIES
6.1 Investment. The Trustee(s) shall have [Investment Powers]. When exercising investment powers, the Trustee(s) shall comply with the standard investment criteria under section 4 of the Trustee Act 2000 (suitability and diversification) and shall obtain and consider proper advice in accordance with section 5 of the Trustee Act 2000, unless it is reasonably concluded that in all the circumstances it is unnecessary or inappropriate to do so.
6.2 Land. The Trustee(s) shall have the powers of an absolute owner in relation to any land forming part of the Trust Fund under section 6 of TOLATA 1996, including the power to acquire freehold or leasehold land in the United Kingdom under section 8 of the Trustee Act 2000.
6.3 Administrative Powers. The Trustee(s) shall have power to: (a) sell, exchange, lease, or otherwise dispose of trust property on such terms as the Trustee(s) think fit; (b) borrow money for trust purposes and grant security over trust assets; (c) employ and pay agents, nominees, and custodians in accordance with Part IV of the Trustee Act 2000; (d) insure trust property and pay premiums from the income or capital of the Trust Fund; and (e) do all acts and execute all documents necessary or expedient for the proper administration of the Trust.
6.4 Duty of Care. The Trustee(s) shall exercise the statutory duty of care as defined in Schedule 1 to the Trustee Act 2000 in exercising investment powers, appointing agents, and in all other matters to which that duty applies.
6.5 Remuneration. [Trustee Remuneration].
7. TRUSTS OF LAND AND APPOINTMENT OF TRUSTEES ACT 1996
7.1 Where the Trust Fund includes land or a beneficial interest in land, the provisions of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) shall apply to the administration of such land, including: (a) the right of beneficiaries of full age and capacity who are entitled to the whole beneficial interest to direct the Trustee(s) to convey the legal estate in land to themselves or to any other person under section 6(2) of TOLATA 1996; and (b) the right of beneficiaries to be consulted before the Trustee(s) exercise their functions in relation to land under section 11 of TOLATA 1996.
7.2 For the avoidance of doubt, no beneficial owner under this Trust shall be entitled to occupy land forming part of the Trust Fund except with the prior written consent of the Trustee(s) or pursuant to a lease or licence granted by the Trustee(s) on arm’s-length terms.
8. APPOINTMENT AND RETIREMENT OF TRUSTEES
8.1 Successor Trustee. The following person is appointed as Successor Trustee and shall assume office as Trustee if the initial Trustee(s) die, resign, or are otherwise unable or unwilling to continue:
[Successor Trustee Name] of [Successor Trustee Address] ([Successor Relationship] of the Settlor).
8.2 New trustees may be appointed and existing trustees may retire in accordance with sections 36 and 39 of the Trustee Act 1925. A trustee may retire under section 39 only if at least two trustees (or a trust corporation) remain after the retirement. The person having the power to appoint new trustees under section 36 shall be the Settlor during their lifetime and, thereafter, the continuing Trustee(s).
8.3 The vesting of trust property in new or continuing trustees shall be effected by a vesting declaration contained in or endorsed upon the deed of appointment or retirement, in accordance with section 40 of the Trustee Act 1925.
9. AMENDMENT AND REVOCATION
9.1 This Trust is declared to be [Revocability].
9.2 Any amendment to this Deed must be made by a supplemental deed executed with the same formalities as this Deed and signed by the Settlor (during their lifetime) and all continuing Trustee(s), or, after the Settlor’s death, by all continuing Trustee(s).
9.3 No amendment may be made that is inconsistent with the charitable or non-charitable purposes of the Trust or that would result in the Trust Fund being paid to a person who is not a Beneficiary.
10. INHERITANCE TAX
10.1 The Parties acknowledge that this Trust may give rise to Inheritance Tax charges under the Inheritance Tax Act 1984 (IHTA 1984), including: (a) a chargeable transfer or potentially exempt transfer on the creation of the Trust (sections 3 and 3A, IHTA 1984); (b) ten-year anniversary charges on the value of the Trust Fund in the case of a discretionary or relevant property trust (section 64, IHTA 1984); and (c) exit charges when property leaves the Trust Fund (section 65, IHTA 1984).
10.2 The Trustee(s) shall be responsible for accounting to HM Revenue & Customs for any Inheritance Tax attributable to the Trust Fund and shall file all required IHT returns with HMRC.
10.3 The Parties are strongly advised to take specialist tax advice before executing this Deed.
11. GOVERNING LAW AND JURISDICTION
11.1 This Deed and all trusts arising under it shall be governed by and construed in accordance with the laws of England and Wales.
11.2 The courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this Deed or the administration of the Trust, including any application under section 57 of the Trustee Act 1925 (court’s power to authorise dealings with trust property) or section 19 of TOLATA 1996 (appointment of trustees by beneficiaries).
11.3 The situs of this Trust shall be England and Wales, and its proper law shall be the law of England and Wales in accordance with the Recognition of Trusts Act 1987 and the Hague Convention on the Law Applicable to Trusts and on Their Recognition.
12. GENERAL
12.1 Entire Deed. This Deed constitutes the entire agreement of the Parties in respect of the creation and administration of the Trust and supersedes all prior discussions and arrangements.
12.2 Third Party Rights. No person other than the Settlor, the Trustee(s), and the Beneficiaries shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Deed.
12.3 Disclaimer. This Deed is provided for general informational purposes and does not constitute legal, tax, or financial advice. The creation of a trust has significant legal and tax implications, including potential Inheritance Tax charges under the Inheritance Tax Act 1984, stamp duty land tax on any transfer of UK land, and capital gains tax consequences on the transfer of assets. The Settlor is strongly advised to consult a qualified solicitor and tax adviser before executing this Deed.
IN WITNESS WHEREOF the Settlor has executed this Deed as a Deed on the date first written above.
EXECUTED AS A DEED by the SETTLOR:
Name: [Settlor Name]
Address: [Settlor Address], [Settlor City], [Settlor County], [Settlor Postcode]
SIGNED in the presence of:
Witness Name: [Witness Name]
Witness Address: [Witness Address]
Witness Occupation: [Witness Occupation]
EXECUTED AS A DEED by TRUSTEE 1:
Name: [Trustee 1 Name]
Address: [Trustee 1 Address]
Settlor
________________
Signature
Date: ________________
Trustee
________________
Signature
Date: ________________
Witness
________________
Signature
What Is a Trust Deed / Declaration of Trust (UK)?
A Trust Deed / Declaration of Trust in the United Kingdom places assets under the control of trustees to be held and applied for named beneficiaries on the terms the settlor sets out, as regulated by the Trustee Act 2000.
The Trustee Act 2000 is the primary statute governing modern trustee duties in England and Wales. It introduces a statutory duty of care (section 1), requiring trustees to act with such skill and care as is reasonable in the circumstances, having regard to any special expertise they possess. The Act also confers a general power of investment (section 3) enabling trustees to invest in any asset as if absolutely entitled, provided they have regard to the standard investment criteria of suitability and diversification under section 4 and take proper investment advice under section 5. The Trustee Act 2000 also empowers trustees to acquire land (section 8), delegate investment management to agents (Part IV), and receive remuneration for professional services (section 29).
The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) abolished the doctrine of the trust for sale and replaced it with the ‘trust of land’, which now governs all trusts of real property in England and Wales. TOLATA 1996 confers on trustees of land the powers of an absolute owner (section 6), requires consultation with adult beneficiaries before exercising functions relating to the land (section 11), and gives beneficiaries the right to apply to the court for an order relating to the exercise of those functions (sections 14 and 15).
The Perpetuities and Accumulations Act 2009 applies to trusts created on or after 6 April 2010 and sets a maximum perpetuity period of 125 years, within which the trust must terminate and assets must vest absolutely in the beneficiaries. The Act also removed the restrictions on the accumulation of trust income that previously applied under the Law of Property Act 1925.
A Trust Deed created under English law must be executed as a deed, complying with the formalities set out in section 1 of the Law of Property (Miscellaneous Provisions) Act 1989. For trusts of land, the declaration must also be in writing signed by the person who is able to declare the trust, in accordance with section 53(1)(b) of the Law of Property Act 1925.
Our UK Trust Deed template covers the four main types of express trust: bare trusts, fixed interest trusts, discretionary trusts, and life interest trusts. It incorporates the statutory references required by the Trustee Act 2000, TOLATA 1996, and the Perpetuities and Accumulations Act 2009, and includes provisions for trustee powers, beneficiary entitlements, trust period, IHT acknowledgment, and proper execution formalities.
When Do You Need a Trust Deed / Declaration of Trust (UK)?
A Trust Deed is needed in the following principal circumstances in England and Wales.
When a parent or grandparent wishes to make provision for children or grandchildren over the long term by placing assets — cash, investments, or property — into a formal trust structure that confirms the assets are professionally managed and distributed in accordance with the Settlor’s wishes, rather than passing to the beneficiaries outright at a young age.
When a property owner wishes to declare the beneficial ownership of a property that is registered in one name but beneficially owned in different proportions — for example, where an unmarried couple have purchased a property together in one partner’s name, and they wish to document their respective beneficial shares. A declaration of trust executed under section 53(1)(b) of the Law of Property Act 1925 creates the written evidence required to prove a beneficial interest in the property.
When a family wishes to manage wealth across generations using a discretionary trust, giving the trustee flexibility to respond to changes in the beneficiaries’ circumstances and to take advantage of income tax planning opportunities by distributing income to beneficiaries with lower marginal tax rates.
When a testator wishes to set up a trust under their Will to hold assets for minor beneficiaries until they reach a specified age (such as 25), or to provide a life interest to a surviving spouse while preserving the capital for children from a previous relationship.
When a business owner wishes to establish a trust to hold shares in a family company as part of a business succession plan, potentially qualifying for Business Property Relief from IHT under sections 103–114 of the Inheritance Tax Act 1984 if the qualifying conditions are met.
When assets are to be transferred to trustees to be held for the benefit of a vulnerable person, a disabled person, or a person who is incapable of managing their own affairs, where a statutory trust or other arrangement does not provide sufficient flexibility.
Note: The creation of a trust has significant legal, tax, and practical consequences. The Settlor should obtain specialist legal and tax advice from a qualified solicitor and a tax adviser before executing any Trust Deed.
What to Include in Your Trust Deed / Declaration of Trust (UK)
Parties and Trust Identity — Identify the Settlor (the creator of the trust) and the Trustee(s) by their full legal names and addresses. Name the trust clearly (typically the Settlor’s surname followed by ‘Family Trust’ or ‘Living Trust’). State the type of trust (bare, fixed, discretionary, or life interest) and the commencement date.
Constitution and Trust Fund — Describe the Initial Trust Fund with sufficient specificity: cash amounts, property by title number, shares by company and number. For a trust of land, the transfer of legal title requires compliance with section 52 of the Law of Property Act 1925 (conveyance by deed) and registration at HM Land Registry. The trust is constituted only when the assets are transferred to the trustee or, where the Settlor acts as trustee, when the declaration is made with sufficient certainty of all three certainties.
Beneficiaries — Identify beneficiaries with the level of certainty required by law. For a fixed trust, state each beneficiary’s full name, date of birth, relationship to the Settlor, and defined share. For a discretionary trust, define the class of potential beneficiaries with sufficient precision to satisfy the test in McPhail v Doulton [1971] AC 424 (can it be said with certainty that any given person is or is not a member of the class?). Include a gift-over in case a beneficiary dies before the vesting date.
Income and Capital Provisions — Set out how trust income is to be dealt with (accumulated, paid to a life tenant, or distributed at the trustee’s discretion) and how and when capital is to be distributed. Include the extended powers of maintenance and advancement under sections 31 and 32 of the Trustee Act 1925, as amended by the Trusts (Capital and Income) Act 2013.
Trust Period — Specify the trust period, which must not exceed 125 years from the date of the deed for trusts created on or after 6 April 2010 (Perpetuities and Accumulations Act 2009). Include a vesting date within the trust period on which the trust must terminate and assets must vest absolutely.
Trustee Powers — Incorporate the statutory powers under the Trustee Act 2000 and TOLATA 1996. Consider extending investment powers beyond the general power of investment in section 3 of the Trustee Act 2000. Specify whether the trustee is entitled to remuneration under section 29 of the Trustee Act 2000.
Successor Trustee — Appoint a named successor trustee to take office if the initial trustee dies, resigns, or becomes incapacitated. Confirm the mechanism for future trustee appointments in accordance with section 36 of the Trustee Act 1925.
Revocability and Amendment — State whether the trust is irrevocable or whether the Settlor reserves a power to revoke. An irrevocable trust achieves the IHT objective of removing assets from the Settlor’s estate. Any amendment must be by deed executed with the same formalities as the original deed.
Execution Formalities — The trust deed must be executed as a deed under section 1 of the Law of Property (Miscellaneous Provisions) Act 1989: signed by the Settlor in the presence of an independent witness who attests the signature. The witness must not be a beneficiary, nor the spouse or civil partner of a beneficiary. The forms-legal.com Trust Deed / Declaration of Trust (UK) template covers the mandatory elements under Trustee Act 2000.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Trust Deed / Declaration of Trust (UK) (United Kingdom) [Legal document template]. Forms Legal. https://forms-legal.com/uk/estate-planning/power-of-attorney/trust-deed-declaration-of-trust-uk
"Trust Deed / Declaration of Trust (UK) (United Kingdom)." Forms Legal, 2026, https://forms-legal.com/uk/estate-planning/power-of-attorney/trust-deed-declaration-of-trust-uk.
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year = {2026},
howpublished = {\url{https://forms-legal.com/uk/estate-planning/power-of-attorney/trust-deed-declaration-of-trust-uk}},
note = {Free legal document template. Based on Trustee Act 2000}
}Also available for these jurisdictions:
Frequently Asked Questions
The Trustee Act 2000 fundamentally reformed the law governing trustee powers and duties in England and Wales. The Act’s principal provisions include: a statutory duty of care (section 1 and Schedule 1) requiring trustees to exercise such care and skill as is reasonable in the circumstances, having regard to any special knowledge or experience they have or hold themselves out as having; a general power of investment (section 3) enabling trustees to make any kind of investment, including investments in land, that they could make if they were absolutely entitled to the trust assets; a duty to review investments and obtain proper advice (sections 4 and 5), requiring trustees to have regard to the standard investment criteria (suitability and diversification) and to periodically review investments; a power to acquire land in the United Kingdom (section 8), including land for occupation by a beneficiary; a power to appoint agents, nominees, and custodians (Part IV), enabling trustees to delegate investment management and certain other functions to professional agents, subject to the duty to keep the appointment under review; and a power for professional trustees to receive reasonable remuneration from the trust fund (section 29). The duty of care under section 1 is a minimum standard: where a trustee has particular professional expertise (such as a solicitor or an investment manager), a higher standard of care may be expected.
The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) abolished the old doctrine of the trust for sale and introduced the concept of the ‘trust of land’. It applies to all trusts of land in England and Wales, whether express, implied, resulting, or constructive. TOLATA 1996 has three principal areas of importance for trust deeds. First, it confers on trustees of land the powers of an absolute owner (section 6), including the power to sell, lease, mortgage, or otherwise dispose of land, subject to any restriction in the trust instrument. Second, it gives beneficiaries who are of full age and capacity the right to be consulted before the trustees exercise their functions in relation to land (section 11) and, if all such beneficiaries consent, the right to direct the trustees to convey the land to them or to a person nominated by them (section 6(2)). Third, it gives beneficiaries the right to occupy land forming part of the trust fund in certain circumstances (sections 12 and 13). For dispute resolution, sections 14 and 15 of TOLATA 1996 give the court a wide discretion to make orders relating to the exercise of trustees’ functions, having regard to the purpose of the trust, the welfare of any minor who occupies or might reasonably be expected to occupy the land, and the interests of the trust’s secured creditors.
The four principal categories of express private trust recognised under English law, each with different legal and tax characteristics. A bare trust arises where the trustee holds legal title to assets absolutely for one or more named beneficiaries who are of full age and capacity. The beneficiary can direct the trustee to transfer the assets at any time under the rule in Saunders v Vautier (1841). A bare trust is fiscally transparent: the beneficiary is taxed as if they directly owned the assets. A fixed trust is one in which the beneficiaries’ interests and shares are defined in advance in the trust instrument, leaving no discretion to the trustee as to how income or capital is to be distributed. A discretionary trust gives the trustee discretion to decide how income and capital are distributed among a defined class of potential beneficiaries. This structure is commonly used for family wealth planning because it allows the trustee to respond to changes in the beneficiaries’ circumstances and tax positions. A discretionary trust falls within the relevant property regime for IHT, meaning it may be subject to ten-year anniversary charges (section 64, IHTA 1984) and exit charges (section 65, IHTA 1984). A life interest (or interest in possession) trust gives one or more beneficiaries (the life tenants) the right to receive the income of the trust fund for their lifetime, with the capital passing to other beneficiaries (the remaindermen) on the life tenant’s death.
The creation of a trust has significant Inheritance Tax (IHT) implications under the Inheritance Tax Act 1984 (IHTA 1984). The principal IHT consequences depend on the type of trust created. A transfer of assets to a discretionary trust (or any relevant property trust) is a chargeable transfer for IHT purposes (section 3, IHTA 1984). If the value transferred, together with the Settlor’s other chargeable transfers in the preceding seven years, exceeds the nil-rate band (currently £325,000 for 2024/25), IHT is charged at a lifetime rate of 20%. If the Settlor dies within seven years of the transfer, additional IHT at up to 40% may become chargeable. A relevant property trust is also subject to ten-year anniversary charges at up to 6% of the trust fund’s value above the available nil-rate band (section 64, IHTA 1984) and exit charges at up to 6% when property is distributed out of the trust (section 65, IHTA 1984). A transfer to a bare trust (or a trust in which the beneficiary has an immediate right to the assets) is treated as a potentially exempt transfer (PET) under section 3A of the IHTA 1984: it becomes exempt from IHT if the Settlor survives for seven years. The Settlor and the Trustee(s) should take specialist tax advice before executing any trust deed.
A trust deed must be executed as a deed in order to be valid under English law. The formal requirements for execution of a deed by an individual are set out in section 1 of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989). The section requires that a deed must: be in writing; be clear on its face that it is intended to be a deed (by use of words such as ‘executed as a deed’ or ‘signed as a deed’); be validly executed by being signed by the individual in the presence of a witness who attests the signature; and be delivered (which is presumed to take place on the date of the deed under section 1(3) unless rebutted). A deed is not validly executed if the witness is the other party to the deed, the spouse, civil partner, or cohabitant of the signatory, a beneficiary under the trust, or a person under 18. For the avoidance of doubt, a trust of land or any equitable interest in land must additionally be manifested and proved by signed writing by the person able to declare the trust, in compliance with section 53(1)(b) of the Law of Property Act 1925. Where a corporate trustee is to execute the deed, it should do so by signature of two authorised signatories or a director and the company secretary, in accordance with section 44 of the Companies Act 2006.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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