Getting Started with your Trust

Getting Started with your Trust

*Please note: We no longer provide the memorandum of trust, as we have better success with the general notice.*

Please do read the next steps carefully before you start and follow each step completely.

Next steps:

  1. Check the bundle you have received and ensure it contains everything you were expecting. Don’t sign the Trust declaration yet.
    o two bound copies of the Trust declaration
    o one unbound folder containing:
    1..1. Affidavit/s
    1..2. Public notice
    1..3. Memorandum
    1..4. Asset listing
    o an email containing the suggested administrative documents
  2. Read your Trust declaration and supporting documents. Check the details match to the details on the confirmation sheet you approved.
  3. Make an appointment with a notary or solicitor (we have details of a notary who provides remote service) and arrange for ALL settlor/s and trustee/s to be available for the signing. If you prefer to just have an independent witness that’s fine also.
    Note: Beneficiaries are not required to sign/autograph. You can sign one or both copies.
    Note: the solicitor/notary is to witness the signing only, they are not required to validate the contents of the Trust declaration.
    Note: Have your solicitor/notary/witnessers witness the signing of the trustees and settlors affidavits. If you are transferring the legal title with the land registry also, take your ID1 forms with you to be witnessed. If you are updating your will at the same time, have the solicitor/notary/witnessers witness the signing of this at the same time.

    Checklist for signature witnessing:
    o Trust declaration
    o Trustee affidavits
    o Settlor affidavits
    o ID1 forms (if applicable)
    o Will (if applicable)
    o Take your ID
    o Have the solicitor do a couple of certified copies of the affidavits.
  4. Postal mechanics (not compulsory): Once the declarations are signed, keep a copy in a safe place, and put another copy in an envelope and send it through the post on a ‘signed for’ or tracked service to one of the trustees (even if it is to yourself, as it needs to go through the post). Make a note of the tracking ID.
  5. Once received by the trustee, print off the evidence of it having gone through the post and keep it with the Trust declaration.
  6. Print off a copy of the Public Notice and post it in a public place (online, or at a local library or court, or a local newspaper. Local newspapers are better as they are verifiable and archived, but they are expensive)
  7. Take a photograph or clipping of the notice which has been posted publicly, date it (the date it was posted and the date it was removed) and keep it as evidence with the Trust declaration. This is your evidence that the Trust exists and will be used in court if the Trust is challenged.
  8. Additionally, take part in the on-line training to learn about your Trust and how to administer it.
    In summary:
    o Check the documents
    o Get them executed (signed and witnessed)
    o Start building your evidence (post/public notice)
    o Add assets in and start administering your Trust

If you are unsure of how you are progressing, please use this form to carry out a healthcheck:

If you have any questions in the meantime, please do hesitate to get in touch with us.