Frequently Asked Questions

A Declaration of Trust (also called a Deed of Trust) is a legally binding document that records the beneficial ownership of a property. While the legal title is held by the registered owners (shown at HM Land Registry), the beneficial interest — the economic ownership — may be held in different proportions.

For example, if two people buy a property together but one contributes a larger deposit, a Declaration of Trust can record that the contributor owns 65% of the equity rather than a default 50/50 split.

You are not legally compelled to have one, but it is strongly advisable whenever co-owners hold unequal beneficial interests, or whenever intentions differ from a simple equal split.

Without a written Declaration of Trust, courts apply the presumption from Stack v Dowden [2007] UKHL 17 — typically equal shares — unless you can prove a different common intention through evidence of conduct. That evidence is often disputed, expensive to gather, and uncertain in outcome.

In everyday usage, the terms are interchangeable. Both refer to the same type of document recording beneficial interests in a property. "Declaration of Trust" is the precise legal term used in academic and court contexts; "Deed of Trust" is commonly used by conveyancers and the public. TrustDoc AI generates a document satisfying the legal requirements for both.

TrustDoc AI is designed for residential property in England and Wales. The document can be used for freehold or leasehold properties, including flats and houses.

Commercial property, agricultural land, and properties in Scotland or Northern Ireland have different legal frameworks. Scotland operates under Scots law with no equivalent instrument in the same form.

No. TrustDoc AI is a document generation service, not a law firm, and does not provide legal advice. The document produced is a template populated with your information using AI — it is not reviewed by a qualified solicitor before delivery.

If your situation is complex — involving multiple lenders, a trust for a person with a disability, or ongoing litigation — you should instruct a qualified solicitor. We are best suited to straightforward co-ownership situations.

Yes, provided it is correctly executed. Under s.53(1)(b) of the Law of Property Act 1925, a declaration of trust relating to land must be manifested and proved by signed writing. Under s.1 of the Law of Property (Miscellaneous Provisions) Act 1989, the document must be executed as a deed — signed, witnessed, and delivered — to be fully effective.

A properly executed TrustDoc AI document satisfies these requirements and will override the presumption of equal ownership.

The Declaration of Trust itself is not registered at Land Registry. However, to protect beneficial interests against third parties, a Form A restriction should be entered on the title register.

A Form A restriction prevents the property from being sold or mortgaged by a sole proprietor, ensuring trust interests cannot be overreached without beneficiary consent. Apply using Land Registry form RX1 (£40). Our document includes guidance notes on this process.

The Declaration of Trust document itself is not a chargeable transaction for SDLT — you are not buying or selling a share, merely recording existing beneficial ownership.

However, if you are transferring a beneficial interest from one person to another as part of the same transaction (for example, adding a new beneficial owner in exchange for payment), that transfer may trigger SDLT. Seek specialist tax advice before any such transfer.

Yes. Under the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004, the Family Court has wide discretion to redistribute property on divorce or dissolution of a civil partnership, regardless of the terms of a Declaration of Trust.

For unmarried cohabitants the position is different — there is no equivalent redistributive power, and a Declaration of Trust will generally be fully determinative of beneficial ownership in TOLATA proceedings.

Yes. A Declaration of Trust can be varied or replaced by a subsequent deed executed with the same formalities — all parties must sign and have their signatures witnessed. TrustDoc AI can generate a new Declaration of Trust at any time, free of charge.

The new document should expressly revoke and replace the earlier one. If a Form A restriction is on the title, no change to the restriction is needed simply because the underlying deed has been updated, unless the trustees change.

No. TrustDoc AI does not require registration, an account, or any payment. Fill in the wizard, generate your document, and download it — no sign-up required. We do not store your personal data on our servers after the session ends.

To complete the wizard in one sitting, have the following to hand:

• The full registered address of the property
• The Land Registry title number (from your official copy or completion statement)
• Full legal names and current addresses of all trustees / co-owners
• The agreed beneficial interest percentages or monetary amounts
• Details of any deposit contributions you wish to ring-fence
• The proposed execution date
• Names and addresses of witnesses (one per signatory)

Yes. You can go back through the wizard and regenerate the document as many times as you need. Each regeneration is free. The AI will re-compile the document with your corrected inputs.

If you have already printed and signed a document and then discover an error, generate a new corrected document and ensure all parties sign the new version. A signed document with known errors should not be relied upon.

Each signatory must sign in the presence of their witness. The witness must:

• Be an adult (18 or over)
• Be physically present when the signatory signs — remote or video witnessing is not valid for deeds
• Not be a party to the document (i.e. not a fellow trustee or beneficiary)
• Not be the spouse, civil partner, or cohabitant of the signatory
• Print their full name, sign, and provide their current address in the witness block

Each trustee and their respective witness should sign on the same occasion. It is acceptable for all parties to sign on the same day at different times, provided each witness is physically present at the moment their signatory signs.

The Law Commission confirmed in its 2019 report Electronic Execution of Documents that simple electronic signatures can satisfy the requirements for deeds under s.1 LP(MP)A 1989, provided the witness is physically present.

However, HM Land Registry and many lenders still require wet-ink signatures for property deeds. We strongly recommend wet-ink signing unless you have confirmed your specific circumstances permit electronic execution. When in doubt, print and sign in ink.

There is no legal requirement for multiple originals, but it is sensible to sign at least two copies — one for each party. Each signed copy is an original.

Keep your signed original in a safe place. You may want to provide copies to your conveyancer, mortgage lender (if required), and financial adviser. You do not need to send a copy to HMRC or Land Registry unless you are also applying for a Form A restriction.