A deed of trust (or declaration of trust) records who owns what share of a property and what happens when it is sold. Taking independent legal advice before signing means you understand exactly how your share is protected, or what you are agreeing to give up.
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A deed of trust is a legal document that sets out how a property is owned between two or more people. It is often used where buyers contribute unequal amounts, such as one person paying a larger deposit, or where a parent has helped with the purchase.
It can record each person’s share, how proceeds are divided on a sale, and what happens if someone wants to leave.
A deed of trust can have a lasting effect on what you receive when the property is sold. Independent advice makes sure you understand the terms, especially if they favour another person, and helps show later that you signed freely and with full knowledge. Some lenders and conveyancers ask for it where the deed affects a mortgaged property.
Your share
What share you will hold and how it is worked out.
On a sale or separation
How the proceeds are divided and what happens if one of you wants to sell.
Contributions
How deposits, mortgage payments and improvements are treated.
The mortgage
That the lender's rights come first, whatever the deed says between you.
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An SRA-regulated solicitor explains the risks in plain English, by video or in person in London.
Sign your deed
Once you're happy with the terms, you sign the deed and your solicitor confirms the advice in writing.
Yes. Most lenders accept advice given by video call, so you can usually be advised from home. If your lender insists on a face-to-face meeting, that can be arranged in London instead.
You don't need one nearby. Our SRA-regulated solicitors advise by video call wherever you are in England and Wales, often the same day, and video advice is accepted in most cases. If you need to meet face to face, appointments are available at the solicitor's office in London.
Where the deed treats you differently, it is usually best for each person to be advised separately, so the advice focuses on your own position.
Generally only if everyone who signed agrees to a new deed. Your solicitor can explain how it can be varied.
Independent legal advice starts from {price} per person. Your solicitor confirms the fixed fee on your free consultation, before any work starts.
Reviewed by Saba Rehman, Solicitor
SRA-regulated · Last reviewed 9 October 2026
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