southgate solicitors

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Your Security, Our Priority.

We're here to help you

Send your details to us and we will call you back to take further information about your matter.

If you are looking for help with declaration of trust our specialist solicitors can help you. In addition to office meetings, we offer remote meetings by telephone or video if preferred. To discuss your options call us 24/7 on 0208 004 0065 or email us at hello@southgate.co.uk 

Declaration of Trust

A Declaration of Trust, otherwise known as a Deed of Trust or Trust Deed, is a legally binding agreement between two or more owners of a property and/or anyone else who has a financial/beneficial interest which sets out: 

  1. The extent of each party’s beneficial interest (otherwise known as “behind-the-scenes” interest); and 
  2. Any additional provisions such as what happens when one party wishes to sell and realise their share and/or practical arrangements for day-to-day matters including terms of occupation and how the parties will meet household expenses. 

Oral agreements are unlikely to be enforced by the Court and therefore it is essential that a Declaration of Trust is evidenced in writing. If there is a Declaration of Trust in place, it will usually be conclusive if prepared correctly and the parties having benefited from independent legal advice. 

It is important to note however, that in the event parties divorce in the future, the Court does have the power to disregard a Declaration of Trust when dividing financial assets, if necessary. Therefore, it is always advised to revisit your document if there is a change in circumstances. 

What we can do

At southgate solicitors, we offer comprehensive assistance tailored to your needs throughout the process of declaration of trust. Our team of experienced professionals understand the intricacies of family law and are dedicated to providing you with the expertise and support you need during what can be a daunting and highly emotional time.  We have Resolution members and also hold Law Society Family Law Advanced Panel Accreditation which demonstrates our knowledge, skill and expertise in this area of law. 

If you wish to read more about this area of law we have some frequently asked questions at the end of this page – feel free to scroll down to read more.

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How we work with you

Step 1 how it works southgate solicitors

Contact Us

You can either call us 24/7 on 0208 004 0065, email us at hello@southgate.co.uk or fill out our contact form below.

Step 2 how it works southgate solicitors

Initial Call

Our client services team will discuss details of your case during a no-obligation call to ensure that it is something we can help you with.

Step 3 how it works southgate solicitors

Strategy Meeting

A specialist solicitor will meet with you to go through your matter in detail and advise on a strategy and options.

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What our clients say

FAQs

A Declaration of Trust is essential for those who own property jointly. It provides clarity on ownership percentages, contributions, and rights, reducing the risk of misunderstandings or legal disputes in the future. 

Yes, a Declaration of Trust is a legally binding document once it is properly drafted, signed, and witnessed by all parties involved. It is enforceable in Court and serves as evidence of the parties’ intentions regarding ownership rights and responsibilities. 

Yes, a Declaration of Trust can be amended or revoked by the parties involved, provided all parties agree to the changes. Any amendments should be documented in writing and signed by all parties to maintain clarity and legal validity.

While it’s possible to create a Declaration of Trust without a solicitor, seeking legal advice is highly recommended to ensure that the document accurately reflects the parties’ intentions and complies with relevant laws and regulations. A solicitor can also provide valuable guidance on potential issues and help draft a comprehensive document. A judge is also more likely to uphold a Declaration of Trust whereby all parties have sought independent legal advice. 

In the event of a dispute, parties may attempt to resolve matters through negotiation, mediation, or arbitration. If an agreement cannot be reached, parties may need to seek legal recourse through the courts to enforce the terms of the Declaration of Trust. 

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We're here to help you

Send your details to us and we will call you back to take further information about your matter, or you can click the number below.

We're here to help you

Send your details to us and we will call you back to take further information about your matter, or you can click the number below.