Purchase Money Trust Deed

Purchase Money Trust Deed for the United Kingdom

Purchase Money Trust Deed Template for England and Wales

A Purchase Money Trust Deed is a legal document used in England and Wales to establish and evidence a trust relationship where one party provides funds for property purchase while another party holds legal title. The deed formally documents the beneficial interests in the property, trustee powers and obligations, and the terms under which the trust operates. It is governed by English trust law and property law, particularly the Law of Property Act 1925 and the Trustee Act 2000.

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What is a Purchase Money Trust Deed?

A Purchase Money Trust Deed is essential when there is a separation between those providing funds for property purchase and those holding legal title. Common in family arrangements, joint purchases, and estate planning, this deed provides clear evidence of beneficial ownership and protects the interests of all parties involved. Under English and Welsh law, it must comply with strict formal requirements and should clearly set out the nature of the trust, the rights of beneficiaries, and the powers and duties of trustees. The deed is particularly important for preventing future disputes about property ownership and ensuring that beneficial interests are properly recorded and protected.

What sections should be included in a Purchase Money Trust Deed?

1. Parties: Identification of settlor, trustee(s), and beneficiaries

2. Background: Context of the purchase and purpose of the trust

3. Definitions: Key terms used throughout the deed

4. Declaration of Trust: Formal creation of the trust and beneficial interests

5. Trustee Powers: Specific powers granted to trustees

6. Trust Property: Description of the property held in trust

What sections are optional to include in a Purchase Money Trust Deed?

1. Investment Powers: Additional powers for managing trust assets - use when trust includes liquid assets beyond property

2. Successor Trustees: Provisions for appointment of new trustees - recommended for longer-term trusts

3. Tax Provisions: Specific tax planning arrangements - include when tax efficiency is a key objective

What schedules should be included in a Purchase Money Trust Deed?

1. Property Schedule: Detailed description of the trust property including title information

2. Beneficial Interests Schedule: Detailed breakdown of beneficiaries' shares

3. Powers Schedule: Comprehensive list of trustee powers

4. Execution Requirements: Signing requirements and witness details

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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What is a Purchase Money Trust Deed?

What sections should be included in a Purchase Money Trust Deed?

What sections are optional to include in a Purchase Money Trust Deed?

What schedules should be included in a Purchase Money Trust Deed?

Authors

Alex Denne

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