The Law Society Library explains where you can find precedents for bare trusts and declarations of trust.

The Law Society Library maintains a 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 Search.

Bare trusts and declarations of trust

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

Precedents

Precedents can be found in the following resources:

  • Encyclopaedia of Forms and Precedents, volume 40(3) Trusts and Settlements (2015 reissue)
    • form 66: bare trust for a minor. (A simple precedent drafted as a grandparent transferring property to parent(s) on trust for a grandchild.)
  • Chamberlain and Whitehouse, Trust Taxation, 4th edition (2014)
    • appendix 1, precedent A1.2: bare trust. (This is another simple bare trust.)
  • Trust Drafting and Precedents(loose leaf), Part D: specialised trusts
    • D6: precedent declaration of bare trust for minor.
  • Whitehouse, A Modern Approach to Lifetime Tax Planning for Private Clients  (with precedents) (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.
  • Practical Trust Precedents, (loose leaf) contains more detailed precedents:
    • 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 02/04/19.

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This FAQ is compiled by the Law Society Library. Comments relating to the questions should be sent to library@lawsociety.org.uk.

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.