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Declaration of Trust
I need a Declaration of Trust document to formalize the holding of property on behalf of a beneficiary, specifying the trustee's responsibilities and the terms under which the property is managed, ensuring compliance with local laws and regulations in Qatar.
What is a Declaration of Trust?
A Declaration of Trust creates a formal arrangement where someone (the trustee) legally holds and manages assets on behalf of someone else (the beneficiary) in Qatar. This binding document spells out how the assets should be handled, who gets what benefits, and what rules the trustee must follow.
Under Qatari civil law, these declarations help protect valuable assets like property, investments, or business shares while maintaining confidentiality. They're particularly useful for family wealth planning, corporate structuring, and ensuring assets are managed according to Islamic finance principles. The trustee must act in good faith and follow both the declaration's terms and local trust regulations.
When should you use a Declaration of Trust?
Consider using a Declaration of Trust when you need to protect and manage assets while keeping them separate from personal holdings in Qatar. This arrangement works perfectly for holding property on behalf of family members, structuring business ownership across multiple parties, or managing inheritance matters in line with Islamic law.
Many Qatari businesses use these declarations to maintain confidential ownership structures, protect family wealth across generations, or hold assets for specific projects. They're especially valuable when setting up joint ventures, managing real estate investments, or creating family office arrangements that need clear governance and asset protection measures.
What are the different types of Declaration of Trust?
- Basic Property Trust: Used for holding real estate assets, defining ownership shares, and managing property rights under Qatari law
- Family Business Trust: Structures ownership of family enterprises while maintaining Sharia compliance and protecting generational wealth
- Investment Trust: Manages financial assets, securities, or business holdings with specific profit-sharing arrangements
- Charitable Trust: Establishes governance for charitable or philanthropic assets following Islamic principles
- Corporate Nominee Trust: Creates transparent nominee arrangements for corporate structures while meeting local ownership requirements
Who should typically use a Declaration of Trust?
- Trustees: Legal professionals or entities who hold and manage the trust assets, following Qatari regulations and Islamic principles
- Beneficiaries: Individuals or organizations who receive benefits from the trust assets, often family members or business partners
- Legal Advisors: Qatari lawyers who draft and ensure the declaration complies with local trust laws and Sharia requirements
- Corporate Officers: Business executives who establish trusts for corporate structuring or asset protection
- Family Office Managers: Professionals who coordinate trust arrangements for wealthy families' succession planning
How do you write a Declaration of Trust?
- Asset Details: Gather complete information about properties, investments, or business shares being placed in trust
- Party Information: Collect legal names, contact details, and roles of trustees and beneficiaries
- Trust Terms: Define clear management rules, distribution conditions, and duration of the trust arrangement
- Legal Requirements: Ensure compliance with Qatar's trust laws and Sharia principles through our platform's built-in checks
- Documentation: Prepare supporting documents like asset ownership proof, identity verification, and required permissions
- Review Process: Use our automated validation system to confirm all mandatory elements are properly included
What should be included in a Declaration of Trust?
- Trust Details: Clear identification of trust property, purpose, and duration under Qatari law
- Party Information: Full legal names and roles of trustees, beneficiaries, and any appointed protectors
- Powers and Duties: Specific trustee authorities, responsibilities, and limitations aligned with Sharia principles
- Distribution Terms: Detailed rules for managing and distributing trust benefits
- Governing Law: Express statement of Qatar jurisdiction and applicable Islamic law principles
- Execution Requirements: Proper signature blocks, witness provisions, and authentication details
- Amendment Provisions: Clear procedures for modifying trust terms or replacing trustees
What's the difference between a Declaration of Trust and a Trust Agreement?
A Declaration of Trust differs significantly from a Trust Agreement in several key aspects under Qatari law. While both documents deal with trust arrangements, they serve distinct purposes and operate differently in practice.
- Legal Structure: A Declaration of Trust is a unilateral document where a trustee declares their role and responsibilities, while a Trust Agreement is a bilateral contract between multiple parties
- Formation Process: Declarations can be created by a single party acting as trustee, whereas Trust Agreements require mutual consent and signatures from all involved parties
- Flexibility: Declarations offer more straightforward modification options since they involve fewer parties, while Trust Agreements typically need all parties' consent for changes
- Common Usage: Declarations are often used for simple property holdings or nominee arrangements, while Trust Agreements suit complex family wealth structures or business arrangements requiring multiple stakeholders' involvement
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