Welcome to Deed of Trust

A Deed of Trust, also known as a Declaration of Trust, is a legal agreement that can be used to specify how a property is held between joint owners. We draft our deeds to include specific information that you wish to have incorporated, this usually includes things like each party's contributions towards the purchase price, their respective shares in the property as well as defining each party's responsibilities with regard to outgoings.

We also draft deeds where only one party is to be the sole beneficial owner, for example, in the event of a relationship or marriage breakdown a court may determine that property be transferred to one party, in the current economic climate however it is becoming increasingly difficult for single parties to obtain mortgage finance. This is one example of where a deed of trust can help.

Search our extensive FAQ and Scenario Sections to see if we can help!

  • Are you purchasing a property jointly? Perhaps with your partner or spouse? Or even a friend or colleague?
    Do you already own the subject property and now want to formalise and regulate the arrangement between you and others?
    Are you a property investor? Have you invested in property or even lent money that you would now like protected?
    To find out more click on an item below or visit our Scenarios and FAQ Sections
  • Are you purchasing a property jointly? Perhaps with your partner or spouse? Or even a friend or colleague?
    Do you already own the subject property and now want to formalise and regulate the arrangement between you and others?
    Are you a property investor? Have you invested in property or even lent money that you would now like protected?
    To find out more click on an item below or visit our Scenarios and FAQ Sections
  • Are you purchasing a property jointly? Perhaps with your partner or spouse? Or even a friend or colleague?
    Do you already own the subject property and now want to formalise and regulate the arrangement between you and others?
    Are you a property investor? Have you invested in property or even lent money that you would now like protected?
    To find out more click on an item below or visit our Scenarios and FAQ Sections
Do I need a Deed of Trust?

If you are purchasing a property jointly or have already done so then it is advisable to consider the merits of entering into a deed of trust.

There are too many variables to be able to provide you with an exhaustive list although our Scenarios and FAQs pages should help you make the right decision. Please feel free to contact us to discuss your particular requirements.

A deed of trust can be used to hold property in joint names but in different proportions or to apply restrictions or obligations on the use of the property. They are very flexible and can be adapted to fit most situations. One of the most common scenarios is where there have been differing contributions towards the purchase price.

Another common situation is where money has been provided by a third party who is not noted on the title deeds. That third party (be it a parent or sibling etc) may want to protect their contribution in the event that the legal property owners decide to end their relationship.

We are also increasingly seeing more and more situations where one party wishes to surrender or relinquish their beneficial interest in the property. As mentioned above this can happen where the remaining owner cannot refinance to be able to "buy out" the departing party. A deed of trust is an effective way to state that one party is surrendering their interest in the property (for consideration or not) and for the remaining owner to provide an indemnity to the departing party to cover mortgage repayments and general outgoings.

One of the most basic functions of a deed of trust is to determine the division of any proceeds of sale when the property is sold, see our Scenarios and FAQ Sections for examples of how a Deed can be used in your particular circumstances.

If you are considering a deed of trust you may feel that the whole subject is fraught with complications especially with regard to your relationship with your partner. We would always ask you to consider the worst case scenario (which none of us want to contemplate!) and envisage the complications that could arise if you DIDN'T have a deed of trust in place. It may seem uncomfortable to broach the subject now but our experience with our clients tells us that it can act as a great relief to all parties in order that everyone may rest assured that their interests are protected.

The Deed

Don't be fooled into handing over hundreds of pounds unnecessarily to your legal advisors for the preparation of the deed as you can legally have this prepared for you at a fraction of the cost that you would be charged by your average High Street solicitors practice! Our deeds are prepared by property professionals working in the conveyancing sector with several years experience. We deal with these deeds on a daily basis and can offer you the benefit of our expertise in a compact and effective package.

Provisions to include in the Deed

There are numerous variations that can be incorporated into a trust deed making each case unique. All that is required is completion of the application form which will ask for comprehensive details of the type of deed required together with any specific needs you may have. We operate a fixed fee service which means you will always be certain of the amount you will have to pay for the drafting of the agreement and will not be asked for any additional fees.

Below are just some examples of the types of provision we can draft for you:

  • Contributions towards the purchase price
  • Contributions towards purchase costs
  • Contributions towards any renovations or improvements to the property
  • Each party's share in the property
  • Responsibility for payment of outgoings including any mortgage repayments
  • Rights of Pre-emption
  • Conflict resolution
  • Mediation provisions
  • Rental and other income distribution
  • Property use
  • Who can reside at the property
  • Visitors and guests at the property
The list is not exhaustive but should give you an indication of the types of provision that a deed of trust can incorporate.
How it Works

The process is a simple one. Firstly you need to complete our online Application Form. When you have entered all the relevant details as requested in the form you need to submit the application by clicking the pay now button and make payment.

If you have any queries about any aspect of the form please do not hesitate in calling us on 0845 83 TRUST (0845 83 87878) or emailing us at info@deedoftrust.co.uk. If you would like one of our advisers to contact you please complete our online enquiry form.

Once your completed application form and payment have been confirmed, one of our Advisers (who will remain your dedicated point of contact throughout the process) will email you to confirm receipt of your form and payment. Your Adviser may also request further information from you while they construct your deed, every situation is different and we obviously want to make sure your deed is perfectly crafted for your purposes.

Within 2 working days (usually a lot faster) your Adviser will send you a draft deed (together with any Land Registry forms that your Adviser feels are necessary - Please see our FAQs) for your approval via email. Please read through the draft deed and any accompanying documents and make sure you are happy with their contents, if you have any queries please contact your Adviser who will be happy to explain any part of the deed or accompanying documentation you require further clarification on and to make any necessary amendments to the deed in accordance with your instructions.

Once you have approved the deed your Adviser will send you an engrossed (final) version of the deed via email and also a bound copy in the post. You will also receive final versions of any Land Registry forms and template letters that your Adviser has deemed necessary (You wil also receive full instructions on any action you need to take.)

Once you receive the deed you simply need to execute it by ensuring all parties to the deed sign it and have their signatures witnessed as well as dating the deed.

Please note that if you require changes to the deed at any stage prior to its execution please let your Adviser know and the necessary amendments will be incorporated into the deed. If for any reason your proposed amendments cannot be incorporated your Adviser will explain to you the reasons why (eg there may be a legal reason why one of your amendments cannot be included in the form you have specified, when this happens your Adviser will usually propose a suitable alternative to achieve your intentions).

Apply

Our Application Form is straightforward and simple to complete, take 5 mins to enter your requirements and we will do the rest!

Apply...

Scenarios

For examples of the situations in which a deed may be suitable for your purposes please see our dedicated scenarios section which will help you understand the workings of the various versions of our deeds

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Cost

Our bespoke drafted deeds are offered at a fixed fee guarantee of £150 plus Disbs. You won't find a better deal for a personally designed deed anywhere! We accept various forms of payment including debit/credit cards and bank transfer payments all via our Paypal portal.

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Guidance

Our new Guidance section should help you answer any of those difficult questions concerning various matters including the execution of a deed, tax and restrictions!

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