Declarations of Trust - Essential Guidance for Conveyancers

Introduction

Most declarations of trust are simple statements set out in a transfer or lease.

Nevertheless, much case law in recent years has arisen from non-standard, complex, suspect or unclear trust deeds.

Therefore, it is imperative that lawyers instructed in the preparation of a non-standard or bespoke trust declaration ensure that they get both their advice and the drafting right first time. This is especially the case because a significant proportion of joint purchasers will become embroiled in a dispute over resale, or over the shares in the equity, of the property.

In the light of the above risks, this essential presentation is designed look at ways that lawyers can adequately protect themselves when the trust declaration is not straightforward.

What You Will Learn

This webinar will cover the following:

• Why aren’t all trust declarations final and conclusive?
• Understanding the law regarding transfers by A to B on trust for C
• Ascertaining whether the declaration is a sham, e.g., one whose purpose is to avoid the consequences of bankruptcy
• Being alert to the creation of bare trusts intended to conceal the beneficial ownership
• The importance of evidencing third party financial contributions
• How to vary an existing declaration
• How to address the perils of undue influence
• Matters that can be addressed in the declaration

This webinar was recorded on 13th September 2021