How to Use This Checklist
Click each checkbox to mark items as complete. Your progress is automatically saved to your browser. Use this checklist to verify every requirement before, during, and after creating your will.
✅ Preparing Your Declaration of Trust
1. Draft a new Declaration of Trust: Ensure you include all essential elements for UK property co-ownership
2. Review an existing declaration: Audit your current document against all 53 compliance points before signing
3. Prepare for property purchase: Verify your declaration covers ownership shares, contributions, sale provisions, and proper execution
⚠️ What Is a Declaration of Trust?
📋 Purpose: A Declaration of Trust records the beneficial ownership of property when legal title doesn't reflect true ownership — essential for co-owners with unequal contributions or shares.
⚖️ Key Legislation: Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), Law of Property Act 1925, Land Registration Act 2002.
🎯 When Needed: Unmarried couples buying together, friends/family co-purchasing, investment properties, unequal deposits, parents helping with deposits.
💼 Common Issues: No written record of shares, unclear contribution tracking, no sale provisions, missing dispute resolution, unsigned documents.
🚫 Without a Declaration of Trust
If you purchase property jointly without a Declaration of Trust, the law presumes equal ownership regardless of who contributed what. This means if you pay 70% of the deposit but have no written agreement, you may only be entitled to 50% on sale. Disputes can result in expensive TOLATA court applications costing £10,000+ in legal fees.
🔵 Understanding Importance Levels
🔴 Critical: Should have — declaration may be unenforceable or disputed if omitted
🟡 Important: Should have — prevents disputes and ensures clarity
🔵 Recommended: Nice to have — enhances protection and covers common scenarios
Appropriate Document Type Confirmed
Confirm a Declaration of Trust is the right document for your situation. It's essential when: co-owners contribute unequal amounts, ownership shares differ from legal title (50/50), unmarried couples buy together, parents contribute to children's deposits, or investment property ownership needs documenting.
🔴 Critical
Tenants in Common vs Joint Tenants Understood
Understand the crucial difference: Tenants in Common allows different ownership shares and your share passes via your Will. Joint Tenants means equal shares and automatic transfer to survivor(s) on death. Most couples with unequal contributions choose Tenants in Common.
🔴 Critical
All Co-Owners Agree to Terms
All parties must agree to the ownership structure, contribution records, and all other provisions before signing. A Declaration of Trust imposed on unwilling parties, or signed under pressure, can be challenged. Get genuine agreement on all terms first.
🔴 Critical
Independent Legal Advice Considered
Each co-owner should ideally receive independent legal advice before signing, especially where ownership shares are significantly unequal. This prevents future claims that one party didn't understand what they were signing. Note whether advice was taken or declined.
🟡 Important
Full Property Address
Complete postal address of the property including house number/name, street, town/city, and postcode. Must exactly match the address on the title deeds and Land Registry records. Any discrepancy can create uncertainty about which property is covered.
🔴 Critical
Land Registry Title Number
The unique title number from HM Land Registry (e.g., NGL123456). This unambiguously identifies the property. Found on title deeds or by searching the Land Registry online. Essential for registered land in England and Wales.
🟡 Important
Property Type (Freehold/Leasehold)
Whether the property is freehold (you own the land outright) or leasehold (you own a lease from a freeholder). Leasehold properties have additional considerations including ground rent, service charges, and lease length affecting value.
🔴 Critical
Purchase Price and Completion Date
The total purchase price paid for the property and the completion date (when ownership transferred). Essential baseline for calculating ownership shares, contribution percentages, and future profit/loss division on sale.
🔴 Critical
Type of Co-Ownership Specified
Clearly state whether the property is held as Tenants in Common (TIC) or Joint Tenants. Tenants in Common allows unequal shares and inheritance via Will. Joint Tenants means equal shares with automatic survivorship. This is the most fundamental decision in the declaration.
🔴 Critical
Ownership Shares Specified
For Tenants in Common, specify each co-owner's percentage share (must total exactly 100%). Express as percentages (e.g., 60%/40%) or fractions. These shares determine entitlement on sale and inheritance rights. Document the rationale for share allocation.
🔴 Critical
Beneficial vs Legal Ownership Explained
Clarify that while legal title may show joint ownership (as registered at Land Registry), the beneficial interest is held according to the shares in this Declaration. The Declaration overrides any presumption of equal ownership from the legal title.
🟡 Important
Full Legal Names
Each co-owner's complete legal name as it appears on official documents (passport, driving licence). Must match the names on the property title deeds exactly. Include middle names if used on title. Consistency across all documents is essential.
🔴 Critical
Current Addresses
Full current residential address for each co-owner. May be different from the property address (especially before completion). Important for identification and serving legal notices. Update the declaration if addresses change significantly.
🔴 Critical
Dates of Birth
Date of birth for each co-owner. Helps with identification, especially if names are common. Also relevant for verifying all parties are legally capable adults (18+) who can enter into binding agreements.
🟡 Important
Relationship Between Co-Owners
Note the relationship (unmarried partners, friends, siblings, parent/child, business partners). While not legally required, it provides context and may be relevant for understanding the arrangement. Affects how disputes might be approached.
🔵 Recommended
⚡
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Deposit Contributions Recorded
Exact amount each co-owner contributed to the deposit, in pounds sterling. Include any gifted deposits (e.g., from parents). This is often the main justification for unequal ownership shares. Document sources of funds where relevant.
🔴 Critical
Total Deposit Amount Stated
The total combined deposit paid, which should equal the sum of all individual contributions. Useful for verification and clarity. Also document what percentage of the purchase price the deposit represents.
🟡 Important
Additional Costs Contributions
Record contributions to other purchase costs: stamp duty, legal fees, survey costs, broker fees. While often split equally, documenting these prevents future disputes. Consider whether these affect ownership shares or are simply shared expenses.
🔵 Recommended
Mortgage Details Recorded
If mortgaged: lender name, initial mortgage amount, and whether all co-owners are named on the mortgage. Note: all legal owners usually must be on the mortgage. If it's a cash purchase with no mortgage, state this clearly.
🔴 Critical
Joint and Several Liability Acknowledged
All co-owners on a mortgage are usually jointly and severally liable - meaning if one doesn't pay, the others must cover the full amount. This should be acknowledged regardless of ownership share percentages.
🔴 Critical
Mortgage Payment Split Specified
How monthly mortgage payments will be divided: in proportion to ownership shares, equally between co-owners, or a custom arrangement. Consider whether payment contributions should affect future ownership shares or remain separate.
🔴 Critical
Default on Payments Addressed
What happens if a co-owner fails to make their mortgage contribution? Common provision: the paying co-owner acquires a charge over the defaulting co-owner's share for amounts paid on their behalf. Protects against non-payment.
🟡 Important
Covered Outgoings Listed
Specify what costs are covered: council tax, water rates, gas, electricity, buildings insurance, contents insurance (common areas), service charges, ground rent (leasehold), repairs and maintenance. Comprehensive list prevents disputes.
🟡 Important
Division Method Specified
How outgoings will be split: proportionate to ownership shares, equally between co-owners, or a custom arrangement. Consider whether equal splitting is fair if ownership shares are unequal. Document the agreed method clearly.
🔴 Critical
Payment Timing and Method
When contributions are due (monthly, as bills arise) and how they'll be managed. Consider a joint account for property expenses, or one person paying and being reimbursed. Clarity prevents arguments over late payments.
🔵 Recommended
Occupation Status Defined
Will all co-owners live at the property, or are some investors only? This affects whether occupation rent might be payable. Co-owners living in the property while others don't creates different dynamics than all living together.
🔴 Critical
Occupation Rent Provisions
If some co-owners occupy while others don't, is rent payable by occupiers to non-occupiers? If so, how much and when? If not, state that no occupation rent is payable. Courts can imply occupation rent if not addressed.
🟡 Important
Third Party Occupation
Can co-owners allow others to live at the property (partners, lodgers, tenants)? Common provision: no third party occupation without consent of all co-owners. Letting the property out usually requires unanimous agreement.
🟡 Important
⚡
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Notice Period for Sale
Minimum notice one co-owner must give before requiring a sale (typically 3, 6, or 12 months). Gives time to arrange finances, find a buyer for their share, or prepare for sale. Without notice provisions, TOLATA court applications may be needed.
🔴 Critical
Right of First Refusal
Do remaining co-owners have the first option to buy the selling co-owner's share before it's offered externally? Common provision with time limit (e.g., 28 days) to exercise. Include how market value will be determined (independent RICS valuation).
🟡 Important
Proceeds Division Method
How sale proceeds are divided after paying mortgage, selling costs, and expenses. Options: proportionate to ownership shares (most common), return original contributions first then split remainder, or custom arrangement. Must be clear and agreed.
🔴 Critical
Valuation Mechanism
How will market value be determined if co-owners disagree? Standard: independent RICS registered valuer, either agreed by parties or appointed by RICS President. Avoids disputes over pricing and provides objective basis for transactions.
🟡 Important
Death Provisions Match Ownership Type
Confirm the declaration correctly reflects what happens on death. Tenants in Common: share passes per Will or intestacy (no automatic transfer). Joint Tenants: automatic transfer to survivor(s) regardless of Will. Most Declarations of Trust use Tenants in Common.
🔴 Critical
Surviving Co-Owner's Purchase Option
Do surviving co-owners have first option to buy the deceased's share from their estate? Common provision: right to purchase at market value (independent valuation) within 3 months of probate. Prevents unwanted new co-owners inheriting shares.
🟡 Important
Will Reminder Included
For Tenants in Common, remind co-owners that their share passes via Will (or intestacy if no Will). Co-owners should make Wills specifying who inherits their share. Without a Will, intestacy rules apply which may not reflect their wishes.
🔵 Recommended
Consent Requirements Specified
What level of agreement is needed for property improvements? Options: unanimous consent for all works, unanimous for major works (over £5,000) with majority for minor, or majority consent. Prevents disputes about unauthorized alterations.
🟡 Important
Effect on Ownership Shares
If one co-owner funds improvements, does this affect ownership shares or are they simply reimbursed on sale? Options: adjust shares to reflect contribution, or reimburse from sale proceeds without changing shares. Clear provision prevents disputes.
🟡 Important
Record-Keeping for Improvements
Agreement to keep records of all improvement expenditure: who paid, how much, what for, and receipts. Essential evidence if improvements affect future share calculations or reimbursement claims on sale.
🔵 Recommended
Buildings Insurance Required
Obligation to maintain buildings insurance at full reinstatement value. Usually a mortgage requirement, but should be in the Declaration regardless. Specify that insurance must be with a reputable insurer and be kept current.
🔴 Critical
Insurance Cost Division
How buildings insurance premiums are split: usually in accordance with the outgoings provisions (proportionate to shares or equally). Clarify that each co-owner is responsible for insuring their own personal contents.
🟡 Important
All Co-Owners Named on Policy
Ensure all co-owners are named on the buildings insurance policy. This protects everyone's interest and ensures claims can be made by any co-owner if needed. Check policy terms regarding multiple owners.
🟡 Important
Primary Resolution Method Specified
How disputes will be resolved: mediation first then court, binding arbitration, or direct court proceedings. Mediation is usually most cost-effective and preserves relationships. CEDR (Centre for Effective Dispute Resolution) is commonly specified.
🟡 Important
Mediation Time Limit
If mediation is primary method, specify time limit before court action is permitted (typically 60 days). This gives mediation a genuine chance while preventing indefinite delays. Arbitration awards should be stated as final and binding.
🔵 Recommended
Cost Sharing for Disputes
How mediation/arbitration costs are shared (usually equally initially, with potential for costs order against unsuccessful party). Consider whether legal costs can be recovered. TOLATA court applications can be very expensive.
🔵 Recommended
Binding on Successors
Declaration should state it binds co-owners and their personal representatives, successors, and assigns. This ensures the agreement continues if shares are inherited, assigned, or transferred to new owners.
🟡 Important
Variation Clause
No variation to the Declaration shall be effective unless in writing and signed by all co-owners. Prevents informal changes and ensures any amendments are properly documented with everyone's agreement.
🟡 Important
Severability Clause
If any provision is held invalid or unenforceable, the remaining provisions continue in full force. Protects the overall agreement if one clause is found to be problematic by a court.
🔵 Recommended
Governing Law
State that the Declaration is governed by and construed in accordance with the law of England and Wales (or Scotland/Northern Ireland as appropriate). Determines which legal system applies if disputes arise.
🔴 Critical
Date of Declaration
Clear date when the Declaration is executed. Typically the same as or close to the property completion date. The date establishes when the agreement takes effect and is important for any future disputes about timing.
🔴 Critical
Signature Blocks for All Co-Owners
Each co-owner must sign the Declaration. Include space for signature, printed name, and date for each party. The Declaration is not effective until all parties have signed. Keep original signed copy safely.
🔴 Critical
Witness Signatures
Each co-owner's signature should ideally be witnessed. The witness should sign and provide their name, address, and occupation. Witnesses should be independent adults (not other co-owners or beneficiaries). Witnessing strengthens validity.
🟡 Important
Executed as a Deed
For maximum enforceability, the Declaration should be executed as a deed. This requires: clear statement it's a deed, signing in presence of witness, witness signature, and delivery. Deeds have longer limitation periods (12 years vs 6 years for contracts).
🟡 Important
Storage and Copies
Store original signed Declaration safely (with title deeds or solicitor). Each co-owner should have their own signed copy. Consider providing a copy to your conveyancing solicitor for safekeeping. Keep accessible for future reference.
🟡 Important
⚡
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Next Steps
Now that you've reviewed the compliance checklist, you have two options:
✅ Use Our Ready-Made Template
Create your Declaration of Trust with our professionally drafted template. Covers all 53 compliance points with ownership structure options, contribution tracking, mortgage provisions, sale mechanisms, death provisions, and proper execution sections. Available in both Smart Interview (guided) and Classic Editor (direct editing) modes for just £22. Preview the full template with watermark before you buy. Get the template →
📝 Draft Your Own Declaration
Use this checklist as your guide, but remember: property co-ownership requires precise legal language. Errors in ownership share calculations, missing sale provisions, unclear contribution records, or improper execution can lead to expensive TOLATA court applications costing £10,000+ in legal fees when relationships break down.
🔗
Official Government Resources
Frequently Asked Questions
General information about Declarations of Trust in England & Wales
Do I need a solicitor to create a Declaration of Trust?
Many property co-owners complete straightforward Declarations of Trust without one. Our template is based on UK property law including TOLATA 1996 and includes clear guidance for typical co-ownership situations. Consider review for complex circumstances such as multiple co-owners, commercial properties, or international elements.
What is the difference between Joint Tenants and Tenants in Common?
Joint Tenants means equal ownership (50/50) with automatic transfer to the survivor on death. Tenants in Common allows different ownership shares (e.g. 70/30) and your share passes via your Will. Most couples with unequal contributions choose Tenants in Common to protect their investment.
What happens if we don't have a Declaration of Trust?
Without a Declaration of Trust, the law typically presumes equal ownership regardless of contributions. If you paid 70% of the deposit but have no written agreement, you may only be entitled to 50% on sale. Disputes can result in expensive TOLATA court applications costing £10,000+ in legal fees.
When should I create a Declaration of Trust?
Ideally before or at the time of property purchase. However, you can create one at any time while you co-own the property. Key situations include: unmarried couples buying together, unequal deposits, parents helping with deposits, friends/family co-purchasing, or investment properties with different contribution levels.
Does a Declaration of Trust need to be registered?
The Declaration of Trust itself doesn't need to be registered with the Land Registry. However, if you hold the property as Tenants in Common (rather than Joint Tenants), a Form A restriction should be registered on the title to prevent sale without all co-owners' consent. This is usually done by your conveyancer during the purchase.
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Disclaimer: This checklist is for general informational purposes only and does not constitute legal advice. While we strive to keep information accurate and up to date, the law is complex and subject to change. Every situation is unique. Last updated: May 2026.
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