Declarations of Trust - Hidden Problems & Pitfalls 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.

It is imperative that those 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 virtual classroom seminar is designed look at ways that you can adequately protect yourself and your client when the trust declaration is not straightforward. Please note that this course is aimed primarily at property lawyers, rather than specialists in private client and family matters.

What You Will Learn

This live and interactive session 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., 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
• The risks of pre-emption rights to one party’s detriment
• How to address the perils of undue influence
• Matters that can be addressed in the declaration
• Key risks associated with Right to Buy declarations

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.