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A bare trust is established using a deed of settlement or a declaration of trust. In the simplest form of a bare trust, the assets bequeathed by the individual who set up the bare trust are owned by the trustee and beneficiary. But the trustee, in a bare trust, has no responsibilities or powers.
Although a bare trust is, in equity, a type of trust, for both income tax and capital gains tax purposes its existence is transparent. This means that no tax liability falls on the trustees in respect of their income and chargeable gains.
Bare trusts This means the assets set aside by the settlor will always go directly to the intended beneficiary. Bare trusts are often used to pass assets to young people - the trustees look after them until the beneficiary is old enough. Example. You leave your sister some money in your will.
The fee for a Declaration of Trust will be from £600 plus VAT and will depend on the complexity of the document, the number of clauses it incorporates and any additional consultations required during the drafting process. Following an initial meeting the fixed fee will be confirmed.
The assets of the trust are held in the name of the trustee or trustees but the trustee has no discretion over the assets held in trust. The trustee of the bare trust is a mere nominee in whose name the property is held. Except in the case of bare trusts for minors, the trustee has no active duties to perform.
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Typically, a bare trust holding cash will be around £1,000 plus VAT to set up. A lifetime discretionary trust or life interest trust designed to hold cash or investments will cost around £1,000 plus VAT to set up. A personal injury trust to protect the award of a successful claim will cost £1,700 plus VAT.
Q: Who witnesses a declaration of trust UK? A: You would need an independent witness so someone who is over 18, has full mental capacity and not a family member.
Bare trusts This means the assets set aside by the settlor will always go directly to the intended beneficiary. Bare trusts are often used to pass assets to young people - the trustees look after them until the beneficiary is old enough. You leave your sister some money in your will. The money is held in trust.
You can only set up the bare trust once you've identified a property you intend to purchase for your SMSF. You'll need to provide all of the legal details of the property to your accountant first. The purchase must pass the sole purpose test and align with the SMSF investment strategy, as written in the trust deed.
When you create a Bare Trust you name a specific beneficiary/ies who then have an absolute right to both the income (usually interest) and the capital from the trust. They are usually used for minor children who do not have capacity to take legal title themselves.

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