Declaration Of Bare Trust Template for England and Wales

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Key Requirements PROMPT example:

Declaration Of Bare Trust

"I need a Declaration of Bare Trust to hold a commercial property in London for my sister's benefit, with myself and my business partner acting as joint trustees, to be effective from March 2025."

Document background
The Declaration of Bare Trust is a fundamental legal instrument in England and Wales used to formally document situations where one party holds legal title to assets while another party maintains beneficial ownership. This arrangement is particularly useful in property transactions, family wealth planning, and situations requiring asset protection. The document clearly sets out the roles and responsibilities of trustees, identifies the trust property, and confirms the beneficial interests of the beneficiaries. Unlike discretionary or complex trusts, a Declaration of Bare Trust creates a simple and transparent structure where the trustee has no active management duties.
Suggested Sections

1. Parties: Identifies the trustee(s) and beneficiary(ies)

2. Background: Sets out the context and purpose of creating the bare trust

3. Definitions: Defines key terms used in the declaration

4. Declaration of Trust: The formal declaration establishing the bare trust

5. Trust Property: Detailed description of the assets held in trust

6. Trustee Powers and Duties: Specifies the scope of trustee authority and responsibilities

Optional Sections

1. Trustee Remuneration: Include when trustees are to be compensated for their services - typically used when professional trustees are appointed

2. Delegation Powers: Powers to delegate trustee responsibilities - used when multiple trustees are involved or professional management may be required

3. Replacement of Trustees: Procedure for appointing new trustees - used when long-term trust administration is anticipated

Suggested Schedules

1. Schedule 1 - Trust Property: Detailed inventory of trust assets

2. Schedule 2 - Trustee Powers: Comprehensive list of trustee powers if extending beyond statutory powers

3. Appendix A - Asset Valuations: Independent valuations of trust property where required

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Industries

Trustee Act 1925: Core legislation that defines trustee powers and duties, and sets out administrative provisions for trusts. Fundamental to trust management and administration.

Trustee Act 2000: Modern legislation updating trustee investment powers, establishing duty of care standards, and covering the delegation of trustee functions.

Law of Property Act 1925: Legislation dealing with legal estates and interests in land, particularly relevant if the bare trust includes real estate as trust property.

Land Registration Act 2002: Governs the registration of land ownership and interests, important when trust property includes registered land.

Income Tax Act 2007: Legislation governing the tax treatment of trust income and how it should be reported and assessed.

Taxation of Chargeable Gains Act 1992: Covers Capital Gains Tax implications for trusts, including disposal of trust assets and associated tax liabilities.

Inheritance Tax Act 1984: Details the inheritance tax treatment of trusts, including potential IHT implications of creating and maintaining the trust.

Money Laundering Regulations 2017: Sets out due diligence requirements and anti-money laundering obligations for trustees and trust creation.

Money Laundering and Terrorist Financing (Amendment) (EU Exit) Regulations 2020: Establishes requirements for trust registration with the Trust Registration Service and ongoing compliance obligations.

Perpetuities and Accumulations Act 2009: While less relevant for bare trusts, this act governs the maximum duration of trusts and accumulation of income rules.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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