Trust deed drafting essentials: parties, dates, recitals and testatum—common misconceptions, sample clauses and practice points

Published by a LexisNexis Private Client expert

Practice notes

Common misconceptions

There are several recurring misconceptions about the standard opening wording used in trust deeds, for example, that practitioners frequently encounter in practice and in correspondence:

it is not required for the trustees to be parties to the deed of trust—the principal benefit of naming them is that, by signing the deed, they accept the office of trustee and acquaint themselves with the trust’s terms (note that, once the office is accepted, it cannot be disclaimed, although a trustee may retire)
although it is preferable to include a date, the absence of one does not undermine the trust’s validity—a trust only takes effect (regardless of any date inserted) when the trustees are holding property in line with its terms
offshore trusts can involve a protector, whose appointment is intended to enable a measure of oversight in relation to overseas trustees; the protector may (but need not) be a party to the trust deed

Date and opening words

Ordinarily, the date on which the trust was created is set out at the start of the trust instrument, right at the very beginning indeed...

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Web page updated on 22/05/2026

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