(England & Wales)
Create your bare trust deed with trustee appointments, beneficiary rights, asset schedules, and trust administration provisions.
Professionally drafted — structured following Trustee Act 2000 and Law of Property (Miscellaneous Provisions) Act 1989 requirements for England and Wales.
Download a professionally drafted bare trust deed template, also known as a simple trust, nominee trust, or bare trust declaration. A bare trust holds assets for a named beneficiary who has an absolute right to both the capital and income. Commonly used for holding property for children, managing assets for family members, or nominee arrangements. Covers trust declaration, trustee appointments, beneficiary rights, trustee powers, trust property schedule, distribution provisions, and proper execution. Structured following the Trustee Act 2000 and trust law principles for England and Wales.
Whether you prefer step-by-step guidance or a traditional form, both methods produce the identical professionally-formatted bare trust deed. Choose the style that suits you.
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A bare trust is the simplest trust structure — the trustee holds assets as nominee for the beneficiary, who has absolute rights to both capital and income once they reach 18.
A bare trust is the simplest trust structure where a trustee holds assets as a nominee for a beneficiary who has absolute rights to both capital and income. Commonly used for saving for children, holding property for minors, tax-efficient gifting, education funds, inheritance gifts, IHT planning, and nominee arrangements.
A Bare Trust (also called a Simple Trust or Naked Trust) is the most straightforward type of trust in UK law. The trustee holds assets as a nominee for the beneficiary, who has an absolute and immediate right to both the capital and any income generated.
Unlike discretionary trusts, the trustee has no discretion over distributions — the beneficiary has absolute entitlement. Once the beneficiary turns 18, they can demand the assets at any time and the trustee must comply.
Our deed is professionally structured to cover all standard bare trust requirements.
Bare trust taxation: income and capital gains are taxed as the beneficiary's income, not the trustee's. Beneficiaries use their personal allowances and annual exempt amounts. The parental settlor trap: if a parent creates a bare trust for their minor unmarried child with income exceeding £100 per year, that income is taxed as the parent's income. Assets transferred are potentially exempt transfers, falling outside the settlor's estate if they survive 7 years.
If a parent creates a bare trust for their minor unmarried child and the income exceeds £100 per year, the income is taxed as the parent's income, not the child's. This rule doesn't apply to grandparents, other relatives, or godparents — only parents.
Depending on circumstances, bare trusts may need to be registered with HMRC's Trust Registration Service — typically if there is a UK tax liability. Bare trusts holding UK land or property may also require a Form A restriction at HM Land Registry. Tax obligations generally pass directly to beneficiaries, so consult a tax adviser for your specific situation.
Tax rules vary by individual circumstances.
Our bare trust deed template includes trust declaration clause, settlor and beneficiary details, trustee powers and limitations, trustee duties and obligations, age of entitlement terms, income and capital distribution rules, trustee protection clauses, replacement trustee provisions, trustee retirement terms, death of trustee provisions, record-keeping requirements, tax reporting acknowledgments, and proper execution and witnessing section. Professionally structured following UK trust law.
Professionally structured and ready for signing.
Related documents: Bare Trusts are often used alongside a Last Will and Testament, Declaration of Trust for property, and Letter of Wishes to guide trustees.
Common bare trust mistakes: not having a written deed, using the wrong trust type, unclear property descriptions, the parental settlor trap, forgetting registration with HMRC or HM Land Registry, no replacement trustee provisions, ignoring beneficiary rights, multiple beneficiaries complicating matters, missing signatures or witnesses, and not keeping records. Trustees must maintain detailed records of all trust dealings and transactions.
Our template helps you avoid these mistakes with clear structure and guidance.
All trustees must sign and have witnessed. Check whether you need to register with HMRC's Trust Registration Service (typically if there's a tax liability) or apply a Form A restriction at HM Land Registry (if holding UK land or property). Keep records of all trust transactions. Parental settlor trap: If parents create a bare trust for their minor child and income exceeds £100/year, it's taxed as the parent's income.
Yes. When completed and signed correctly, this creates a legally recognised trust document under England and Wales law.
Our template includes professional legal structure, all required clauses, and clear signing requirements.
Bare Trusts are widely used across the UK to hold assets for beneficiaries. High-value or complex situations? Some customers opt for solicitor review before signing.
Solicitor fees for a bare trust deed typically range from £200 to £800+, depending on the assets involved and complexity of the arrangement.
Our template is £45 one-time. Many complete their bare trust deed confidently without additional legal costs.
Consider solicitor review for trusts involving high-value assets or complex family arrangements.
Yes. There is no legal requirement to use a solicitor to create a bare trust in England and Wales. The trust deed must be signed by the settlor and trustee(s).
Our template guides you through every clause with step-by-step instructions.
Consider solicitor review for trusts involving property, significant investments, or tax planning considerations.
A bare trust gives the beneficiary an absolute right to the trust assets — the trustee simply holds legal title. A discretionary trust gives trustees the power to decide how and when to distribute assets among a group of potential beneficiaries.
Bare trusts are simpler and commonly used for holding assets for a specific person, particularly children. They are also used in nominee arrangements.
Many complete bare trust deeds without one.
Our template is based on UK law and includes clear guidance for typical property arrangements.
Our template includes step-by-step guidance, all standard clauses, and professional formatting.
Consider solicitor review for complex circumstances or high-value arrangements.
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