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Commonly Asked Questions about Trust Formation Legal Documents

The legal wording of a trust needs to be precise, so its definitely worth asking a solicitor to set it up. The Law Societies keep searchable databases to help you find a qualified solicitor near you.
What are the requirements for a valid trust? In order for an express trust to be valid under English law the settlor must have capacity, the appropriate formalities need to be complied with, the trust property must be transferred and sufficient certainty is required.
A trust can come into existence in any manner, by an instrument in writing (including a will), by a unilateral declaration, by operation of law and also by oral declaration. However, when a trust is created orally, the law requires that there is sufficient evidence of the setlors intention to create a trust.
To be qualified, a trust must be valid under state law and must have identifiable beneficiaries. In addition, the IRA trustee, custodian, or plan administrator must receive a copy of the trust instrument. If a qualified trust is not structured correctly, disbursements are taxable by the IRS.
The most important piece of trust documentation will be the trust deed. This agreement is, essentially, what creates the trust. Outlined within the trust deed will be key pieces of information like what properties or assets will be held within the trust and who the beneficiaries are.
While you can draft your own Declaration of Trust, we strongly advise speaking to one of our property lawyers to ensure its accurately written and legally binding. A poorly drafted document may lead to disputes and potentially costly legal battles.
You must register your trust even if its not liable for UK taxes - unless any of the following apply. You do not need to register your trust if it: holds money or assets of a UK registered pension scheme - like an occupational pension scheme.
The settlor intends to create a trust. The trust property is certain. The beneficiaries are ascertainable. The topic of the three certainties is fairly straightforward and easily digestible.