Jurisdiction(s):
United Kingdom

Key definition

Express trust definition

What does Express trust mean? An express trust is a trust deliberately created by a settlor (inter vivos) or by a testator (by will) to hold identified property for specified beneficiaries or purposes, rather than arising by operation of law. It is made by declaration of trust or by transferring property to trustees, and can be proved by clear words or conduct showing an intention to create a trust, provided any statutory formalities are met. The label is not defined in a single statute; it is developed in case law and used across private client and commercial practice. In England and Wales,...

Declaration of trust for sale severing beneficial joint tenancy into equal tenants in common, with sale on notice and HM Land Registry restriction (England and Wales)

Published by a LexisNexis Property expert

Precedents

Date

[ date ]

Parties

[ name of first joint tenant ] of [ address ]
[ name of second joint tenant ] of [ address ]
[ name of third joint tenant ] of [ address ]

(together, the Joint Tenants)

background

Under [ a [ conveyance OR transfer ] dated [ date ] between (1) [ names of sellers/transferors ] and (2) the Joint Tenants OR a settlement dated [ date ] between [ parties ] OR an assent dated [ date ] between [ name(s) of personal representative(s) ] ] and the Joint Tenants [ and in the events which have happened ], the property described in the Schedule (the Property) is held by the Joint Tenants in fee simple as beneficial joint tenants.
[ Up to the date of this Deed, the rents and profits of the Property have been received, paid and applied in accordance with the directions of, and to the satisfaction of, the Joint Tenants. ]
The Joint Tenants intend to sever the equitable Joint tenancy currently subsisting in the Property on the terms set out below...

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Web page updated on 22/05/2026

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