Family Section

FAQ: Precedents for bare trusts

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The Law Society’s Library lists precedents for bare trusts

The Law Society library maintains an database of enquiries called Common Queries. These include results from research to find forms, precedents, rules, regulations and guidance. These records can be freely accessed via the library catalogue Library Knowledge Base.

Precedents for bare trusts

A ‘bare trust’ is a type of trust in which ‘AB’ holds property or assets on behalf of ‘CD’. The assets are registered in AB’s name, but AB has no rights to them as the assets and their income are for the benefit of CD alone. For example, a grandparent gives property to a grandchild (CD) who is a minor, the trustees (AB) are the parents of the child.

Simple precedents can be found in the following resources :

Encyclopaedia of Forms & Precedents, Volume 40(3) (2015 reissue)

  • Form 66 : Bare trust for a minor

Chamberlain and Whitehouse, Trust Taxation, 4th ed. (2014)

  • Precedent A1.2 : Bare trust

Trust Drafting and Precedents (looseleaf) Part D6 : Specialised Trusts

  • D6.27 Precedent declaration of bare trust for minor

Whitehouse, A Modern Approach to Lifetime Tax Planning for Private Clients (2014)

  • Precedent 5.5 : Declaration of bare trust for a minor to be used as a receptacle to receive family money
  • Precedent 24.1 : Declaration of bare trust for a minor
  • Precedent 24.2 : Declaration of bare trust pending formalities required for legal transfer of the property

More detailed precedents can be found in :

Practical Trust Precedents (looseleaf)

Section A1 : Bare trusts for minors/young adults

  • Precedent A1a : Bare trusts for a single beneficiary
  • Precedent A1b : Bare trust for multiple beneficiaries

Section C4 : Bare trusts

  • Precedent C4a : Declaration of trust with indemnity (non-land)
  • Precedent C4b1 : Gift (non-land) by way of declaration of trust - single donee
  • Precedent C4b2 : Gifts (non-land) by way of declaration of trust - multiple donees
  • Precedent C4b3 : Gifts (non-land) by way of declaration of trust - donees are trustees of a settlement

Section E16 : Documents relating to land

  • Precedent E16e : Bare trust of land with management powers

Record last checked 31 May 2016.

 Copies of all documents listed here can be supplied by e-mail via Lawdocs, our document supply service. Click here for more details.

For further help and enquiries please contact the Law Society Library on 020 7320 5946 or e-mail us

Disclaimer

This FAQ is compiled by the Law Society Library. While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.

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